(영문) 인천지방법원 부천지원 2018.05.24 2017가단106888

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(영문) 인천지방법원 부천지원 2018.05.24 2017가단106888

대여금

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1. Defendant C shall pay to the Plaintiff KRW 94,875,200 and KRW 55,160,00 among them, from June 9, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a neighbor of the defendants, and the defendants are married couple.

B. From around around 2005 to around 2011, the Plaintiff lent to Defendant C the amount of KRW 2% interest per month to KRW 20 million (a loans to a large amount of million). The above Defendant repaid the above loan principal and interest to the Plaintiff from time to time.

C. On January 1, 201, the Plaintiff lent the principal amount of KRW 5,00,000 to Defendant C, and paid KRW 3,500,000,000, which is the remainder after deducting the principal amount of KRW 1,50,000 from the interest name, to the above Defendant. In this regard, on January 18, 2011, the Plaintiff received a loan certificate with the loan amount of KRW 5,00,000 from the above Defendant (hereinafter “the first loan certificate”). On January 18, 201, the lower court stated the name of the Defendants at the lower end of the said loan certificate, and affixed the respective seals with the name removed.

On May 16, 2011, the Plaintiff lent KRW 3,200,00 to Defendant C, and on June 23, 2011, after compiling the previous transaction relations from the Defendant, the Plaintiff received a loan certificate (hereinafter “the second loan certificate of this case”). On June 23, 2011, the lower court stated the name of the Defendants at the bottom of the above loan certificate, and affixed the seals on which the name of Defendant C was removed from the name of Defendant B, and the seals on which the name of Defendant C was removed from the name of Defendant C was removed from the name of Defendant C.

(If the arrangement of names and seals is inconsistent, it seems that the error of the maker is due to the error of the maker).

Defendant C used Defendant C’s deposit account at the time of receiving deposits from the Plaintiff or depositing the principal and interest of the loan into the Plaintiff.

F. Defendant B has been engaged in the private taxi transport business from around 1996 to the present.

[Ground for Recognition: Facts without dispute, Gap 1 through 2, 4, 5 evidence, each entry of Eul 6 through 8 (including provisional number), the purport of the whole pleadings]

2. The duties of Defendant C

유사 판례

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