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(영문) 인천지방법원부천지원 2014.10.22 2014가합832
대여금
Text

1. Defendant C shall pay to the Plaintiff KRW 105,00,000 as well as 20% per annum from December 17, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff was introduced by Defendant B, who was her husband while carrying out the activities of the Western Association, to Defendant C, who was her husband. Around March 2008, the Plaintiff decided to lend KRW 250 million to Defendant C (hereinafter “the instant loan”) and transferred it to Defendant B’s account, and received a cash custody certificate for KRW 250 million from Defendant C (hereinafter “the instant cash custody certificate”).

B. On November 20, 2008, the Plaintiff received a certificate of borrowing that Defendant C returned the cash custody certificate of this case to C when Defendant C repaid KRW 100 million out of the instant loan, and that the remaining loan amounting to KRW 150 million from Defendant C recognized the loan obligation of KRW 150 million and paid KRW 1.5 million interest on the fifth day of each month.

C. On April 2, 2009, the Plaintiff received a certificate of loan from Defendant C to the effect that “The remaining loan amounting to KRW 125 million is recognized, and interest of KRW 1400,000 per month shall be paid, and the principal shall be repaid until December 31, 2009,” with respect to the remaining loan amounting to KRW 125,500,000,000 from Defendant C.

On December 30, 2010, when Defendant C repaid KRW 20 million out of the instant loans, the Plaintiff recognized the loan obligation of KRW 15 million from Defendant C with respect to KRW 15 million, and paid interest of KRW 11 million on the fiveth day of each month.

issued a loan certificate to that effect.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including each number; hereinafter the same shall apply), the result of a partial personal examination of defendant B, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant C, Defendant C is 20% per annum from December 17, 2013 to the day of complete payment, which is the day following the delivery of the original copy of the instant payment order, as sought by the Plaintiff.

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