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(영문) 전주지방법원 2015.10.08 2014나2047
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The plaintiff's assertion on the ground of claim

A. On February 13, 2004, the Plaintiff participated in the auction procedure of the F (the deceased on April 3, 2012, 201; hereinafter referred to as the “the deceased”) with the H large 371 square meters and the above land and buildings in Kim Jong-si, on condition that the Plaintiff and the Deceased purchase one-half of each of the above land and buildings, the Plaintiff set the due date for reimbursement of KRW 20 million on February 13, 2005, and set up a “charter of rent and payment” (the certificate No. 1; hereinafter referred to as “the first loan certificate”) with the above contents on the same day, and the co-defendant B of the first instance trial jointly and severally guaranteed the deceased’s obligation.

However, during the above auction procedure, the deceased asked the plaintiff to have the above land and building put on auction under the name of the deceased, and the plaintiff given up participating in the auction procedure for the above land and building and received interest of 1% per month for the above loan 20,000,000 won.

(hereinafter “First Loan”). The Deceased paid 1% interest per month to the Plaintiff by November 22, 2006, but thereafter did not pay the principal and interest.

B. Upon receipt of a request from the deceased to lend money necessary for auction, on November 23, 2006, the Plaintiff lent KRW 15,000,000 to the deceased on November 23, 2007 by setting the interest rate of KRW 1% per month, and on the same day, prepared the “a tea certificate” (the evidence No. 2; hereinafter “the second loan certificate”) with the above contents as above, and the Plaintiff jointly and severally guaranteed the deceased’s debt.

(hereinafter referred to as “the second loan”). After that, on November 16, 2007, the Deceased purchased I’s land and its ground buildings from the auction around the Jeonsan-gu Seoul Special Metropolitan City (hereinafter referred to as “the second loan”). However, the principal and interest of the loan was not paid at all.

C. The Plaintiff: (a) sold the Plaintiff’s land and buildings on the land and its ground of the Yansan-gu Seoul Special Metropolitan City; and (b) received a request from the Deceased for a request to lend additional money to the previous loan and interest; and (c) on March 15, 2010, the Plaintiff sold 31,000 to the Deceased.

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