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(영문) 대전지방법원 2020.10.13 2019나112012

대여금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. A. The Plaintiff and related persons 1) was between F (GG students died on February 19, 2015) and F in 10 years, and the Defendants were F’s heirs. Around October 2010, F acquired the ownership of H and Seodaemun-gu I, Seoul, and constructed a neighborhood living facility and multi-family house (hereinafter “the instant multi-family house”) of five stories above the ground level on the ground, and owned each 1/2 shares of F in 1/2 shares.

3) The J was a person who had managed the instant multi-family house with D with H’s South Dong-dong as his spouse, and was also a person who was in charge of the instant multi-family house. The Suwon District Court Decision 2014Hadan6896 and 2014Hang 6896 exemption case (hereinafter “instant bankruptcy exemption case”).

(B) From February 17, 2016, upon grant of immunity on February 17, 2016, the loan certificate was prepared to the effect that F borrowed KRW 20,000,000 from the Plaintiff as of August 30, 2012 (hereinafter “the first loan certificate of this case”) and borrowed from the Plaintiff as of August 30, 2012. The loan certificate of this case was prepared to the effect that F borrowed from the Plaintiff as of August 30, 2012 (hereinafter “the first loan certificate of this case”). The borrower column of the first loan certificate written F’s signature and affixed a seal on its name.

2) As of February 28, 2014, J and D have borrowed KRW 80,00,000 from the Plaintiff as interest rate of KRW 1.5% per month (the payment date shall be 25% per month) and a certificate of borrowing from the Plaintiff on February 25, 2016 (hereinafter “the second certificate of borrowing from the Plaintiff”).

(C) The Plaintiff’s request for payment order was made on October 12, 2016 at the Daejeon District Court Seosan Branch 201, which was transferred to the Plaintiff’s account in F’s name as of April 23, 2008; KRW 5 million on July 20, 2010; KRW 5 million on July 20, 201; KRW 10,000 on November 27, 201; KRW 10,000 on November 27, 201; and KRW 30,000 on August 30, 2013; and KRW 10,000 on August 30, 2013; and