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(영문) 서울중앙지방법원 2015.06.19 2014가합513501

대여금

Text

1. Defendant B’s KRW 180,000,000 as well as 5% per annum from March 29, 2013 to May 13, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 21, 2013, Defendant B: (a) borrowed KRW 180,000 from the Plaintiff to January 201, 2013; (b) prepared a loan certificate stating that “I will repay the said loan from May 2010 to January 2013; and (c) deliver it to the Plaintiff (hereinafter “instant loan certificate”); and (d) Defendant B’s unmanned seal is affixed at the bottom of the said loan certificate.

B. The deceased on February 8, 2008, the deceased on February 8, 2008, and his heir is the spouse E, Defendant C, F, Defendant B, G, and H.

C. On January 30, 2002, the heir of the network D, except Defendant C, confirmed the fact that the provisional registration for transfer of ownership (pre-sale) was made on January 30, 2002 with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) by Defendant C and D for the amount of KRW 3,50 million between Defendant C and D on January 30, 202, and each of the above clerks signed a letter of waiver of inheritance, stating that “The heir of the network D, with respect to the said real estate purchased by Defendant C, waives his rights and inheritance rights without exercising them after the last day, and promises not to raise any objection thereto.”

On February 1, 2002, the Seoul Central District Court No. 6492, Jan. 30, 2002, registered the provisional registration of the right to claim ownership transfer under the name of the defendant C (hereinafter “each provisional registration of this case”) on each of the instant real estate owned by the network D, for which the provisional registration of the right to claim ownership transfer was made.

E. At present, the Defendants’ mother E resides in each real estate of this case, and the agent E of the network D or network D and the Defendant C with the provisional registration authority lease part of each real estate of this case to E or Defendant C, and receive deposit and tea from E or Defendant C account.

F. Defendant B is currently insolvent.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 (including each number, if any; hereinafter the same shall apply), Eul evidence 1, 3, 4, and 5;