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(영문) 인천지방법원 2020.05.07 2019가합50006

대여금

Text

1. The Defendants jointly and severally against the Plaintiff KRW 252,840,000 and KRW 246,00,000 among them, Defendant B shall be jointly and severally liable to the Plaintiff on January 12, 2019.

Reasons

Basic Facts

Upon receipt of a proposal from Defendant B, etc. to purchase D Large 76.5 square meters (hereinafter “instant land”) and housing on the said land (hereinafter “instant land and building”), the Plaintiff transferred KRW 25,00,000 to the account in the name of the Defendant B for the payment of the down payment, and KRW 5,00,000 on October 6, 2015, respectively.

However, the Plaintiff subsequently decided not to purchase the instant land and buildings, and the Plaintiff and Defendant B agreed to purchase the instant land and buildings and to repay the Plaintiff’s loan with the Plaintiff’s loaning it to Defendant B, after purchasing them, and then constructing a new building on the instant land and receiving the loan as security.

Therefore, on October 14, 2015, the Plaintiff borrowed 240,000,000 won from the E Union as collateral for other land and buildings owned by it, and then remitted the said money to the account under Defendant B’s name.

Defendant B, on the same day, remitted 30,217,500 won in total, including the down payment of KRW 30,000,000 and the fee of said loan of KRW 217,50,00 in the Plaintiff’s account in the name of the Plaintiff.

Defendant B, on the same day, drawn up a loan certificate of KRW 240,000 with respect to the Plaintiff.

The borrower's name and date of birth of Defendant B, mobile phone number is printed, and the signature is written next to that, and the resident registration number is written next to that, and the name and resident registration number of Defendant C, and the name and signature of Defendant C are written next to that.

In addition, the main text of the above loan certificate states that "I will borrow the above amount to A and pay interest on this amount to A by the 10th day of each month. I will pay the above amount within the agreed loan period, and I will confirm that I will compensate for the repayment even in the middle of the loan."

In this case.