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(영문) 의정부지방법원 2016.07.21 2015가합1014

대여금

Text

1. Defendant B shall be jointly and severally and severally paid to the Plaintiff KRW 60,000,00 to the Plaintiff from October 9, 2012.

Reasons

1. Facts of recognition;

A. The Defendants are married with each other, and E is their children, and D is a female-friendly Gu of E.

B. On January 26, 2011, upon receiving a request from Defendant B, who was in close friendly relationship, the Plaintiff transferred KRW 10 million to the account in Defendant C’s name on January 26, 201, and was issued a certificate of borrowing KRW 20 million in total to the money transaction previously conducted by Defendant B.

C. On May 11, 2012, the Plaintiff transferred KRW 10 million to the account under Defendant C’s name, and the Plaintiff received receipts of KRW 30 million and receipts of KRW 10 million from Defendant B, taking into account other money transactions at that time (such as the Plaintiff appears to have separately paid KRW 19 million to Defendant B around that time), and on the same day, borrowed KRW 20 million from Defendant C as interest on February 5, 201, and the due date on May 11, 2013.

“A certificate of borrowed money was issued.”

(The above KRW 200 million is the aggregate amount of KRW 140 million payable on May 17, 2012, as follows: (a) the loan certificate drawn up and issued by Defendant B in its name and the total amount of KRW 60 million stated in the receipt.

On May 17, 2012, the Plaintiff transferred KRW 20 million to the account in Defendant C’s name, and KRW 120 million to the account in Defendant D’s name, respectively, and received a receipt of KRW 200 million from E.

(200 million won is the same amount as KRW 200 million stated in D’s loan instrument). (e)

The Plaintiff received interest by October 8, 2012 in the name of Defendant C, D, and E.

F. Meanwhile, as of May 11, 2012, the Plaintiff created a right to collateral security of KRW 200 million against the debtor D and the maximum debt amount of KRW 260,000,000,000 against the Gyeonggi-do Gyeyang-gun F, which is owned as collateral for the above loan KRW 200,000,000,000. After that, the Defendants wishing to substitute the collateral, the Plaintiff cancelled the registration of the creation of a neighboring mortgage against the above F land on September 11, 2012, and, as to Gyeong-do, the Gyeong-do, Inc. owned by E (Revised Mutual H Co., Ltd.) on September 18, 2012