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(영문) 창원지방법원 진주지원 2018.06.20 2016가합11922

대여금

Text

1. The defendant,

A. As to KRW 395,00,00 among KRW 534,318,367 and the said money to Plaintiff A, the amount of KRW 395,00,000 from December 16, 2016 to June 20, 2018.

Reasons

1. Basic facts

A. The Defendant, as a party, completed a marriage report with the deceased D (hereinafter “the deceased”) on December 28, 1989, and became a legal couple, and the deceased was divorced from the deceased on August 18, 2014, by the confirmation of February 23, 2016.

Plaintiff

A shall complete a marriage report with the deceased on March 2, 2016, and have become a legally married couple, and the plaintiff B shall come to the case of the plaintiff A.

B. Around February 3, 2000, the deceased jointly operating the instant hospital between the Defendant and the deceased began to operate the said hospital in collaboration with the Defendant, after completing the business registration of the E Hospital’s representative and the Defendant as joint business operators.

The Deceased dealt with the external affairs of the above hospital as the head of the hospital of this case, and on December 26, 2006, the Deceased obtained permission from the private market to establish a medical institution in his name from the hospital of this case.

C. The Deceased died on September 15, 2016.

On October 17, 2016, the Defendant filed an application for change of the requirements to establish a medical institution with respect to the instant hospital on the ground of the deceased’s death with the Sacheon City Mayor, and around that time, the Defendant changed the name of the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 49 (including branch numbers in the case of provisional number), Eul evidence 98, witness F's testimony, the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. 1) The fact of recognition that “the instant hospital borrowed money from the Plaintiff A” is indicated as “E Hospital President D” (hereinafter “each of the instant loan certificates”) 10 copies of the monetary car certificate in the name of the deceased (hereinafter “the instant loan certificates”).

(2) The remainder of the principal as of December 15, 2016 remaining interest (won) as of December 15, 2016 at the interest rate (won) deposited on the date of loan Nos. 50,00,000 x 50 million x 403% per annum on January 19, 2016, G Bank H06, 183,013 x 11.2% per annum on December 19, 2016.