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(영문) 인천지방법원 2015.11.27 2014가합13613

대여금

Text

1. The Plaintiff:

A. As to Defendant B’s KRW 58,846,151 and KRW 9,923,076 among them, Defendant B’s KRW 58,846,151 and KRW 2,307,692.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The network D (hereinafter “the network”).

(2) On March 2, 2010, the Plaintiff borrowed KRW 43 million from the Plaintiff, KRW 10 million on July 6, 2010, KRW 30 million on August 2, 2010, KRW 30 million on August 2, 2010, KRW 31.52 million on August 31, 2010, KRW 40 million on July 31, 2012, KRW 70 million on October 31, 2012, KRW 150 million on June 25, 2013, and KRW 250 million on each of the development projects of the deceased was determined to have been sold at a golf course upon the sale of the deceased’s real estate at the time of the development of the golf course, and each of the repayment periods was determined to have been the sale of the deceased’s real estate on July 7, 2013.

3) The Deceased died on June 17, 2014, and Defendant C, Nonparty E, F, G, and H, the wife of the Deceased, jointly inherited the Deceased’s property. 4) The base interest rate from February 12, 209 to July 8, 2010 by the Bank of Korea, shall be 2.25% per annum from July 9 to November 16, 2010, the base interest rate of less than 4.5% per annum 2.46% per annum from July 16, 2012 to October 10, 2015 (the base interest rate of less than 4.5% per annum 36.4% per annum from July 6, 2015 to October 5, 2012) is 4.5% per annum 36.5% per annum from 46.5% per annum 46.45% per annum, 205% per annum from October 11, 2012 to 4.5% per annum 5.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (hereinafter "the loan certificate of this case")

The authenticity of the entire document is inferred because there is no dispute over each deceased's seal image part.

The Defendants asserted that the instant loan certificate was forged by Nonparty I, J, or Plaintiff. However, on August 31, 2010 and June 25, 2013, the date indicated in the instant loan certificate is accompanied by a certificate of personal seal issued by the Deceased himself/herself as of June 25, 2013, and the witness K stated that the Deceased issued the instant loan certificate to the Plaintiff directly.