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(영문) 울산지방법원 2017.04.05 2016가합543

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 400,000,000 and the interest rate thereon from March 3, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the husband of the deceased D (hereinafter “the deceased”). Defendant B is the husband of the deceased, and Defendant C is the infant of the deceased.

The Deceased died on December 3, 2012.

The agreement shall be made on January 20, 2009 with the due date for the above money of KRW 400,000 (400,000,000) in the loan certificate. The interest on the above money shall be 0.5% per month. The name C of the debtor's joint and several surety name on January 20, 207

B. In order to prepare for the case where the Deceased died at the time indicated in the above paragraph (a), the Plaintiff demanded the Defendants to prepare a certificate of borrowing in around 2007 to present the loan certificate to the Defendants in order to prepare for the case where the Plaintiff could not receive the Plaintiff’s loan claims against the Deceased.

Accordingly, on December 9, 2013, the Defendants prepared a loan certificate with the following descriptions (hereinafter “the instant loan certificate”) and delivered it to the Plaintiff.

C. In addition, Defendant B created a right to collateral security, which is the maximum debt amount of 200,000,000 square meters with respect to the Plaintiff, 1,765 square meters (hereinafter “the instant real estate”) of the F-si, Hong-si, who is one’s own possession of the Plaintiff on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, witness E's testimony, purpose of whole pleading

2. Where a contracting party to a determination on the cause of a claim prepares in writing a certain content of the contract, which is a disposal document, and the objective meaning of the text is clear, barring special circumstances, the existence and content of the declaration of intent should be recognized.

(2) In light of the above legal principles, the Defendants, based on the facts of the foregoing recognition, are jointly and severally agreed to pay to the Plaintiff KRW 400,000,000 to the Plaintiff on behalf of the Deceased, by preparing the loan certificate of this case on December 9, 2013.

Therefore, the Defendants are therefore.