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(영문) 서울고등법원 2018.10.25 2018나2025470

대여금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff regarding the defendant who is ordered to pay below.

Reasons

1. Basic facts

A. C and the defendant are married couple, and the defendant was married with the plaintiff's husband D and 13. The plaintiff became aware of the defendant and C through the plaintiff's husband and has long exchanged with them.

B. On January 29, 2009, the Plaintiff concluded a collateral security contract with G Co., Ltd. (hereinafter “G”) with respect to the Seongdong-gu Seoul apartment and F (hereinafter “instant apartment”) which is one’s own ownership, and subsequently, concluded the collateral security contract as the ground for registration with Seoul Eastern District Court’s registration No. 4591, Jan. 30, 2009 (the maximum debt amount of KRW 204,000,000) as the registration date of Seoul East Eastern District Court’s registration, and transferred double KRW 169,765,00,000 to C for loans from G on three occasions.

B. Around that time, C borrowed KRW 170,000 as of January 30, 2009 and decided to pay KRW 170,000 after five years, with respect to the remittance of KRW 169,70,000 from the Plaintiff, under C and his husband’s joint name, and issued it to the Plaintiff.

After the name of the defendant of the above loan certificate, the seal of the defendant is affixed, and the copy of the C and the defendant's resident registration certificate is attached, respectively.

C. On November 10, 2010, the Plaintiff concluded a mortgage contract with G with respect to the instant apartment, and subsequently completed the registration of creation of a mortgage with the maximum debt amount of KRW 156,00,000 on November 11, 2010, as the registration date of the Seoul Eastern District Court (the maximum debt amount of KRW 156,00,000) as the registration date. On November 10, 2010, the Plaintiff borrowed KRW 129,694,030 from G to transfer the remainder of the Plaintiff’s total amount of KRW 130,00,000 on the same day.

Around that time, C prepared a receipt stating that “The period of KRW 130,000,000 (the period received) on November 15, 2010 shall be five years, and issued it to the Plaintiff.”

The above receipts include the names of C and the defendant, and following the names of C and the defendant, C and the defendant.