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(영문) 수원지방법원여주지원 2017.05.31 2015가합1238
차용금 반환 청구
Text

1. The Plaintiff:

A. Defendant B’s KRW 232,00,000 and interest rate of KRW 15% per annum from December 3, 2015 to the date of full payment.

Reasons

Facts of recognition

Defendants C and D were children of Defendant B, and Defendant E was the wife of Defendant B, and Defendant C, D and E work together at the office of “F” operated by Defendant B prior to and after the occurrence of each of the following loans:

On June 13, 2014, the Plaintiff loaned KRW 100 million to Defendant B (hereinafter referred to as “loan”) on June 13, 2014, the Plaintiff was granted a promissory note of KRW 100 million from Defendant B and KRW 100 million from Defendant B as the interest rate rate per 5% and due date on May 11, 2015. As such, the Plaintiff was granted a promissory note of KRW 100 million from Defendant B.

Defendant D, on the same day, prepared a loan certificate stating that “I will borrow KRW 100 million from the Plaintiff on June 13, 2014 and repay the said money by June 13, 2015” (hereinafter “the loan certificate of this case”) with respect to the said loan to the Plaintiff on the same day, and the name of Defendant C, who is the birthee, was also stated in the borrower’s column.

On September 2, 2014, the Plaintiff loaned KRW 100 million (hereinafter “loan”) to Defendant B on September 2, 2014, to Defendant B at the rate of 5% per month and on May 2, 2015, the Plaintiff received a promissory note from Defendant B and at the face value of KRW 100 million.

Defendant B issued a copy of the certificate of personal seal impression and resident registration certificate directly issued to Defendant C and D including the Plaintiff on the same day. However, each of the above certificates of personal seal impression was written on August 29, 2014 in the case of Defendant B and C, and on September 1, 2014 in the case of Defendant D, and written on September 1, 2014 in the context of its use.

The Plaintiff loaned to Defendant B on September 22, 2014, as of September 22, 2014, referred to as “loan from September 22, 2014” (hereinafter referred to as “loan from September 22, 2014”), and “loan from June 3, 2014” and “loan from September 2, 2014,” collectively referred to as “the instant loan.”

A. B with interest rate of 5% per month and due date set on October 20, 2014, and as a security, the issuer B from the Defendant B.

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