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(영문) 수원지방법원성남지원 2020.05.22 2019가단220075

대여금

Text

1. As to KRW 50,00,000 and KRW 30,000 among the Plaintiff, Defendant B shall be from March 25, 2014 to October 12, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is the husband who re-bornd D, and the Defendants are the children born between D and the former husband.

B. On July 11, 2013, Defendant B entered into a contract for the lease of F apartment, G, the Busan Shipping Daegu, the deposit of which is KRW 50 million, from July 29, 2013 to January 28, 2015, with E on behalf of E, and entered into a contract for the lease of which the monthly rent is KRW 650,000,000,000,000,000,000 for the above apartment on January 17, 2014, and the lease period from January 29, 2014 to January 28, 2015.

C. The Plaintiff remitted to Defendant B KRW 5 million on July 9, 2013 and KRW 15 million on July 29, 2013, respectively. D.

Meanwhile, around that time, the Plaintiff, who had a claim amounting to KRW 30 million against Defendant C, was to transfer the claim to Defendant C. Accordingly, Defendant C transferred the claim amounting to KRW 10 million on July 29, 2013 and KRW 20 million on January 10, 2014 to Defendant C.

E. Defendant B prepared a loan certificate with the content that the Plaintiff would pay KRW 30 million on March 25, 2014 by applying the interest rate of 5% per annum until March 25, 2017. On January 24, 2015, Defendant B drafted a loan certificate with the content that the Plaintiff would pay KRW 30 million by applying the interest rate of 3% per annum until January 24, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 9 (including the serial number), Eul evidence 1, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts, Defendant B’s loan amounting to KRW 50,00,000 and KRW 30,000,000 among the loans extended to the Plaintiff as stated in the above loan certificates, with the rate of 5% per annum from March 25, 2014 to October 12, 2019, which is the delivery date of a copy of the complaint of this case, from March 25, 2014, and with the rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and with respect to KRW 20,00,000, which is the delivery date of a copy of the complaint of this case from January 24, 2015 to October 24, 2019, which is the delivery date of a copy of the complaint of this case.