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(영문) 인천지방법원부천지원 2020.12.11 2020가단7035

대여금

Text

1. The Defendants shall jointly and severally serve as KRW 160,000,000 on the Plaintiff and as a result, from November 29, 2012 to September 26, 2020.

Reasons

1. Basic facts

A. The Defendants are married, and the Plaintiff and the Plaintiff’s spouse E were aware of around 1993 with the Defendants, and they were close to the Defendants.

B. In around 2007, Plaintiff and E expressed that they would pay interest if they receive money because they are engaged in credit business from the Defendants. The Plaintiff transferred KRW 30 million to Defendant B on June 19, 2017, and KRW 250 million on August 20, 2017.

C. From September 2007 to June 2010, Defendant B paid the interest of KRW 5.120,000 to KRW 6 million per month with E’s account.

Upon requesting the return of principal to Defendant B, the Plaintiff received a refund of KRW 65 million on July 29, 201, and received a total of KRW 50 million from June 201.

E. On June 16, 2011, Defendant B prepared a loan certificate with the following content and delivered it to the Plaintiff.

(hereinafter referred to as “the loan certificate of this case”). The loan certificate of this case: Japan,00,000 (165,000,000) shall be borrowed from the above amount.

The borrower: A on June 16, 201, the interest of the above amounts shall be settled at 1.18% after the principal is repaid.

F. Even after Defendant B’s drawing up the instant loan certificate, Defendant B failed to repay the loan, and on November 28, 2012, the Plaintiff received the following confirmation document from the Defendants.

(hereinafter “this case’s confirmation”). The fact-finding certificate F did not have any sale and purchase with G and 12 parcels of land, and the above real estate will be repaid for KRW 160 million in full at the time of sale and purchase of the land, the above real estate held in title trust with G from Dong-in H, Dong-in, to G, and on November 28, 2012, the debtor B (Signature, resident registration number), the guarantor D (Signature, resident registration number), the creditor A (resident registration number) [based on recognition] without any dispute, Gap’s 1, 2, and 3 evidence (including a serial number; hereinafter the same shall apply) and the purport of the whole pleadings, and the purport of the entire pleadings.

2. Determination on the cause of the claim

(a)The court may deny its entries in the relevant legal disposition document in so far as the authenticity thereof is recognized;