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(영문) 의정부지방법원고양지원 2017.11.22 2016가단83675

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 100,000,00 out of KRW 197,547,840 and the said money. < Amended by Presidential Decree No. 18535, Feb. 25, 2004>

Reasons

1. Basic facts

A. The plaintiffs and the defendants are each married couple's simplified, the plaintiff B and the defendant D are their own siblings, Eul is the kind of the plaintiff's sibling, the plaintiff's mother is the plaintiff's mother, and G is the parent of the defendants.

B. Upon the request of the Defendants, Plaintiff A offered real estate owned as security on October 9, 2002 and took out loans of KRW 99,885,000,000, and then delivered to Plaintiff B with a cashier’s check on October 10, 2002. Plaintiff B delivered KRW 100,000,000 to Defendant C, and Defendant C borrowed KRW 150,000,000 to Plaintiff B until April 30, 2003 in relation to the above KRW 10,000,00.

The loan certificate was drawn up and issued with the content of "."

Afterward, Defendant C issued to Plaintiff A a promissory note amounting to KRW 100,000,000 on August 18, 2005 with respect to the above KRW 100,000,000, and written and issued a notarial deed thereon.

Meanwhile, the Defendants paid KRW 21,00,000,000 as interest on the above KRW 1,00,000, from May 27, 2003 to February 25, 2004, by means of remitting from Defendant C’s account to Plaintiff B’s account.

C. Upon the request of the Defendants, Plaintiff A borrowed KRW 30,00,000 from E and agreed to lend it to the Defendants, and leased KRW 30,000,000 in total, including KRW 2,000,000 on September 26, 2003 and KRW 30,000,000,00 on September 29, 2003, and the Defendants paid KRW 5,000,000 out of the above borrowed money and interest KRW 5,00,00 in the account in the name of G from the account in the name of G to the account in the name of E on April 10, 206.

The plaintiffs lent 80,000,000 won to the defendants on August 24, 2004 at the complaint, and the defendants stated that they repaid 5,000,000 won of principal as of the end of 2006, and 5,000,000 won of principal as of the beginning of 2007, and specified the date and amount as above in the application for modification of the purport of claim and cause of claim as of April 10, 2007. Such objective materials as details of monetary transactions and other objective materials as of January 8, 2007 shall be added.