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(영문) 청주지방법원영동지원 2019.01.18 2018가단748
대여금
Text

1. Of the instant lawsuit, the part of the claim against Defendant C shall be dismissed.

2. Defendant B is KRW 100 million and its amount.

Reasons

1. Basic facts

A. On August 17, 2015, Defendant B prepared and provided the following loan certificates to the Plaintiff, and the Plaintiff paid KRW 30 million to Defendant B on the same day.

A debtor of a loan certificate: The period of a loan agreement with the plaintiff: 30 million won: August 17, 2015 to February 17, 2016: Special agreement on February 20, 2016

1. Upon request for the return of the borrowed amount before the agreed date of repayment of the borrowed amount, the amount of the borrowed amount received during the loan agreement period shall be converted into the borrowed amount and the converted amount of the borrowed amount shall only be refunded.

2. The principal and dividends shall be paid once a month.

3. Distribution date shall be excluded; and

4. The amount invested by the defendant B shall be used at will.

5. To request in writing before the month when the contract period expires; and

However, it shall be automatically extended when there is no contact.

B. On October 12, 2015, the Plaintiff paid KRW 52.5 million to Defendant B, and Defendant B paid KRW 50 million to the Plaintiff on October 13, 2015, the loan agreement period from October 13, 2015 to April 13, 2016, and the repayment date of the loan shall be from October 13, 2015 to April 16, 2016, and the special agreement shall be set forth above.

The loan certificate as described in the subsection was drawn up and issued.

C. On October 16, 2015, the Plaintiff paid KRW 21 million to Defendant B, and Defendant B paid KRW 20 million to the Plaintiff on the same day, and the period of the loan agreement between October 16, 2015 and April 16, 2016, and the date of the repayment of the loan will be April 19, 2016, and the special agreement shall be set forth above.

The loan certificate as described in subsection (d) was drawn up and issued.

From September 18, 2015 to December 17, 2015, Defendant B paid a total of KRW 21.9 million to the Plaintiff on five occasions.

E. On July 29, 2016, Defendant C issued to D, the Plaintiff’s wife, a certificate of borrowing the following contents.

The loan certificate of 93 million won: To borrow the above amount on August 30, 2016.

1. The above amount is to be repaid by Defendant C to Defendant B.

2. D, which is a bond holder, shall be civil and criminal;

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