(영문) 의정부지방법원 2017.08.25 2016가합55520



1. The Defendant shall pay to the Plaintiff KRW 244,650,000 as well as 15% per annum from October 19, 2016 to the date of full payment.


1. Basic facts

A. On October 27, 2007, 200 3,000,000 8.3,000 3,000,000 2,000 on December 27, 2007, 200 9. 3,00,003,00 on March 3, 200, 200 3,00,003,00 on March 30, 207, 200,006. 6. 10,00,00,000 on June 30, 207, 2006; 10. 10,00,000 on October 17, 2009; 10,000,00 on May 16, 201, 2005

B. (1) The plaintiff and the defendant concluded a sales contract to purchase the land E, etc. (hereinafter "the land of this case") from D on February 22, 2006 with the plaintiff and C to purchase the land of this case for KRW 600 million, and completed the registration of ownership transfer in the name of F around that time.

The Defendant borrowed KRW 200 million from the Plaintiff for the payment of the purchase price of the instant land, and had already borrowed KRW 100 million from the Plaintiff prior to the purchase of the instant land E.

With respect to the above KRW 300 million (= KRW 200 million), on May 19, 2008, the Defendant prepared two copies of the loan certificate with the loan amount of KRW 100 million as KRW 2,50,000 (the loan certificate of this case plus the above four loan certificate of this case hereinafter referred to as the “the loan certificate of this case”).

(2) At the time of drawing up the instant loan certificate, the lender was blank, and thereafter, was supplemented to G, the Plaintiff’s death.

G filed a lawsuit against the defendant on May 15, 2014 against the defendant for the payment of the loan on the loan certificate of this case as the claim for the loan, but the actual lender lost on the ground that it is not G but the plaintiff.

(C) On April 29, 2015, the Plaintiff filed the first lawsuit against the Defendant on April 29, 2015.