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(영문) 의정부지방법원 2014.12.18 2014가합3525
대여금
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

Basic Facts

The plaintiff and the plaintiff's assistant intervenor are dead money.

On February 22, 2006, the Defendant, along with the Plaintiff’s Intervenor, D (hereinafter collectively referred to as the “Defendant, etc.”), divided the said land into five thousand and thirty three-eight square meters in proportion to five thousand and twenty-eight-eight4 square meters in the 5,284 square meters in Nam-si, Namyang-si.

In addition, a sales contract was concluded to purchase the sales amount of KRW 600 million for the first floor warehouse of the above ground steel structure, sand position plate, 1st floor warehouse, and the defendant et al. completed the registration of transfer of ownership in the name of G concerning each of the above real estate.

The defendant and D borrowed KRW 200 million through the supplementary intervenor of the plaintiff as the purchase fund was insufficient at the time of the conclusion of the above sales contract.

On the other hand, on May 19, 2008, the Defendant prepared each of the following loan certificates (hereinafter “each of the loan certificates of this case”) at the request of H, who is the Plaintiff’s deceptive act and the Plaintiff’s Intervenor’s son. However, at the time of preparing the above loan certificate, the Defendant left the “B” column and “B” column at the bottom without stating the loan certificate.

A shall grant a loan of KRW 150,000 per month to the Defendant on the 1500,000 won of interest, the due date for payment, the date of sale of I land in 2008, and the due date for interest payment.

A shall grant a loan of KRW 100,000 per month to the Defendant with the interest of KRW 300,000 per month, the due date for payment, the date of sale of I land in 2008, and the due date for interest payment.

A shall be lent to the Defendant with the amount of KRW 50 million per month interest, KRW 1.5 million per month, the due date for payment, the date of sale of I land in 2008, and the due date for payment of interest on the 21st day of each month.

A shall grant a loan of KRW 50 million to the Defendant by setting the interest rate of KRW 1.5 million per month and the due date for payment of KRW 1.5 million on the I Land Sale Date in 2008.

Since then, the Plaintiff supplemented the Plaintiff’s name and seal, the Plaintiff’s resident registration number, and the Plaintiff’s address, respectively, in the “Party A” column of each of the instant loan certificates, and the “Party A” column of the lower end.

[Ground of recognition] Unsatisfy, Gap evidence 1.

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