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(영문) 대구지방법원안동지원 2015.11.30 2015가단1345
대여금
Text

1. The Defendant’s KRW 30,500,000 as well as annual 5% from April 2, 2013 to November 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. Relevant C is between the parties and the defendant, and the plaintiff is C's spouse.

The defendant is between D and husband.

(hereinafter referred to as “the couple of the Plaintiff and C,” and the Defendant and D, respectively, shall be deemed to be “the spouse of the Defendant and the Defendant”).

B. (1) On October 29, 2012, the remittance, etc. of the Plaintiff’s husband and wife: KRW 7,800,000 from the passbook in the name of C to the passbook in the name of D; KRW 3,500,000 from the passbook in the name of C on December 20, 2012 to the passbook in the name of the Defendant; and KRW 19,200,000 from the passbook in the name of the Plaintiff on December 21, 2012 to the passbook in the name of D; and KRW 30,50,000 was remitted to the Plaintiff on December 21, 2012; and (2) the Defendant and D promised to borrow from the Plaintiff on December 21, 2012 the amount under the above paragraph 1 as the director of the apartment house, and to pay it at the time of sale and purchase of the apartment apartment owned by Defendant E.

The plaintiff and the obligor

1. The defendant or the obligor;

2. B’s loan certificate No. 1, hereinafter “B” is the loan certificate of this case.

(3) On April 1, 2013, the defendant prepared and delivered E apartment (referring to No. 102 Dong Dong-si, 101) recorded in the loan certificate of this case to a third party and completed the registration of ownership transfer on the same day.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, each number shall be included; hereinafter the same shall apply

each entry and the purport of the whole pleading

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 30,500,000 borrowed money and the damages for delay calculated at each rate of 15% per annum as prescribed by the Civil Act from April 2, 2013 to November 30, 2015, the date following the day when the period the Defendant has become due as a sale of an apartment, pursuant to the terms of the loan certificate of this case, which is a disposal document, to the Plaintiff.

The Plaintiff is entitled to the instant loan agreement.

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