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(영문) 대전지방법원공주지원 2017.07.19 2016가합20219

대여금

Text

1. As to the Plaintiff A’s KRW 120 million and KRW 55 million from January 27, 2010 to KRW 35 million.

Reasons

1. Basic facts

A. From around 1994, the Defendant maintained his de facto marriage with D and two married children, and the Plaintiff’s words “A” and “B” are the mother of D.

The above de facto marriage was annulled around 2012, and the plaintiffs thereafter filed the instant lawsuit against the defendant.

B. Around January 6, 1999, the Defendant registered the business under the trade name of “F” from Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, and operated the business in F site, and D conducted research on the development of a manufacturing process, etc. while operating a restaurant that registered the business under the trade name of “G” and sells a wring, etc. from the side of the F site on January 28, 2001.

[Reasons for Recognition] 10 Evidence Nos. 1, 2, and 33

2. Determination as to Plaintiff A’s claim

A. The Plaintiff Defendant borrowed money several times from the Plaintiff. On February 14, 2012, the Plaintiff: (a) borrowed KRW 30 million from the Plaintiff; (b) drafted a loan certificate of KRW 1 and a copy of the loan certificate of KRW 30 million; and (c) additionally, the date on which the loan certificate of KRW 2 was drawn up for the existing loan money; and (d) granted the Plaintiff the loan certificate of KRW 8% per annum from the Plaintiff, KRW 5 million on January 5, 2010; and (e) borrowed money from the Defendant on December 5, 2012 (hereinafter “No. 1”); and (e) borrowed money from the Plaintiff on December 14, 2012, KRW 1-1 of the loan certificate of KRW 1.

(2) On October 20, 2010, interest rate of KRW 35 million is 8% per annum, due date for repayment on December 5, 2012 (hereinafter referred to as “second lending”; “No. 1-2 of the borrowed witness A”; ③ (a) February 14, 2012; (b) interest rate of KRW 8% per annum; and (c) lending KRW 3 of the due date for repayment on August 10, 2012 (hereinafter referred to as “third lending”; and (d) “No. 1-3 of the borrowed witness A”.

Therefore, the Defendant is entitled to each of the money listed in the first-third loan certificates and each of the money listed in the first-third loan certificates to the Plaintiff is paid to the Defendant (Article 1.1) on the day following the date the money was actually paid to the Defendant.