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(영문) 창원지방법원진주지원 2014.06.18 2013가합1320

대위변제금

Text

1. As to Defendant C’s KRW 70,232,876 and KRW 66,00,00 among them, Defendant C’s KRW 70,232,876 from June 6, 2013 to KRW 4,232,876.

Reasons

1. Basic facts

A. D Lending KRW 1,00,000 on April 27, 2009 to E and Defendant C as the Plaintiff’s introduction, and KRW 1,800,000 on August 30, 2009 to lend KRW 1,80,000 per interest month (hereinafter “loan 1 obligations”).

(2) On July 7, 2009, KRW 200,000 was determined on November 7, 2009 as due date and lent without interest agreement (hereinafter “loan 2”).

2) On July 20, 2009, D claimed that Defendant C borrowed only KRW 70,000,000 from D with the Plaintiff’s introduction, but there is no evidence to reverse the fact of recognition.

A. On November 7, 2009, the due date was set and lent without interest agreement (hereinafter “third loan obligation of this case”), E, and F made a letter of payment that “The above KRW 80,000,000 will be paid to D by the due date.”

After that, Defendant C repaid KRW 20,000,000 among the above loans to D on July 13, 2011.

B. On September 23, 2010, G, the Plaintiff and G, the Plaintiff’s wife, made up a loan certificate (Evidence No. 8-3) stating that “In the event that the Plaintiff and G, the Plaintiff and G, the wife of the Plaintiff, were not repaid the total sum of KRW 340,00,000 ( KRW 60,0000,000 in total and KRW 80,000 in total) and the sum of KRW 320,000,000 in Catd Agricultural Loan Corporation’s loans, and KRW 660,000 in total,00,000 in total, not later than October 30, 2010, the Plaintiff and G, the joint and several surety of the Plaintiff and G, were repaid KRW 340,00,00 in total,00 in total and KRW 80,000 in total,000 in total, KRW 400 in total,000 in total,00.

C. D’s establishment of conciliation between D and E is a creditor of this Court 2010 Ma2667 against H on October 8, 2010, who lent loans of this case Nos. 2 and 3 to E. 2, 2010 Ma2667, which he/she was aware that E would cause damage to D, and sales of real estate owned by H.