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(영문) 창원지방법원통영지원 2017.10.19 2016가단26784

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is registered as the representative director of the Co., Ltd. (hereinafter referred to as the "C"), but does not participate in the operation, and the actual operator is D as the defendant's husband.

The relationship between the plaintiff and the defendant's husband D is a high school line, and the plaintiff and E is a father-gu death.

E by this Court Decision 2015Kadan894 on September 17, 2015, as to F building 201 Dong Young-si 205, Dong Young-si, the Defendant owned, the provisional attachment of KRW 25 million, and completed the provisional attachment registration on the same day.

On October 14, 2015, a loan certificate as prescribed by the creditor E, debtor D and C, loan amounting to KRW 30 million, due date, and December 30, 2015 was prepared. The defendant's seal imprinted, and the defendant's seal impression was affixed on October 14, 2015.

(hereinafter referred to as “the first loan certificate of this case”). The provisional seizure was cancelled on the same day, and the registration of provisional seizure was cancelled on the following day.

On January 20, 2016, a loan certificate of the Plaintiff, the debtor, the Defendant D and C, the guarantor D, the loan amount of KRW 25 million, the due date for repayment of the loan amount of KRW 30,000,000, and interest rate of KRW 30% per annum was prepared. The Defendant’s seal imprint was affixed, and the Defendant’s seal impression was affixed on January 20, 2016.

(hereinafter referred to as “the second loan certificate of this case”). On the same day, the loan certificate of the Plaintiff, the debtor, the surety D, the guarantor D, the loan amount of KRW 10 million, the due date for repayment, and the interest rate of KRW 24% per annum on April 30, 2016 was prepared, and the Defendant’s seal affixed thereon.

(hereinafter “The third loan certificate of this case”). On May 3, 2016, the loan certificate of the Plaintiff, the Defendant, D and C, the amount borrowed, KRW 10 million on July 30, 2016, and interest rate of KRW 30 per annum was prepared. The Defendant’s seal imprint was affixed, and the Defendant’s seal impression was affixed on May 4, 2016.

(hereinafter “The No. 4 of this case’s No. 4”). 【The ground for recognition” has no dispute, entry of Gap’s No. 1 through 5, and No. 7 (including each number), and Plaintiff’s assertion E of the parties to the whole purport of the pleading is 25 million won.