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(영문) 광주지방법원 2019.05.29 2018나57703

대여금

Text

1. The judgment of the court of first instance is modified as follows.

2. The defendant shall pay to the plaintiff KRW 21,683,611 and KRW 10,000 among them.

Reasons

1. On January 19, 2005, 24% per annum (100,000 won) on December 30, 2005, cD 25% per annum (24% per annum on January 25, 2005 (200,000 won) on December 31, 2005, 31 December 31, 2005, 303 Defendant E on January 2, 2005, 35 million won per annum;

1. 18% per annum for 10 million won (150,000 won);

2. On December 31, 2006, for five million won, 24% (100,000 won) per annum of 18% per annum (300,000 won) on July 20, 2005, Defendant E-4 on July 20, 2006, for KRW 18% per annum of 15 million (25,000 won) on August 20, 2005, for KRW 18% per annum (225,000 won) on July 20, 2006

A. From January 19, 2005 to August 20, 2005, the Plaintiff and the Defendant or the Defendant Dong Dong C, respectively, have been drawn up five copies of the loan certificates as shown below in the name of each of the following table:

B. The Defendant and C paid the Plaintiff KRW 108,360,000 in total from February 25, 2005 to December 19, 2016, in the name of father E, mother D, f, E, E, E, E, E, E, E, E, E, E, E, E, E, E, etc., for the repayment of the loan borrowed amount indicated above.

The details of the Defendant’s Answer, the purport of the Plaintiff’s claim and its cause as of May 13, 2019, three pages (based on recognition) of the application form for modification of the purport of the claim and its cause as of May 13, 2019, and each of the statements as to Gap’s Nos. 1, 3, and Eul’s Nos. 1 through 6 (including each number; hereinafter

2. The parties' assertion

A. The plaintiff's assertion 1) The plaintiff extended C a loan of KRW 5 million on Jan. 19, 2005, KRW 10 million on Jan. 25, 2005, respectively, to C, and prepared each loan certificate Nos. 1 and 2 on Jan. 25, 2005 (the borrower stated C and the defendant on the loan certificate No. 2, the loan certificate No. 1 and the defendant are stated on the loan certificate No. 2, the meaning of the joint and several guarantee for C.

) On January 25, 2005, the Defendant lent KRW 15 million to the Defendant, and the separate loan certificate No. 3 different from the loan certificate (hereinafter “the loan certificate of this case”).

The Plaintiff was drafted. Accordingly, the Defendant bears the obligation of the borrowed money No. 3, and C bears the obligation of each borrowed money No. 1, 2, 4, and 5, respectively. (2) However, the Defendant’s aforementioned repayment amount of KRW 108,360,000, out of KRW 20 million on November 27, 2006, respectively.