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(영문) 의정부지방법원 2017.06.21 2016가단125040
대여금
Text

1. The Defendants are jointly and severally and severally liable to Plaintiff A for 48,041,674 won, 68,383,663 won, and each of the above amounts.

Reasons

1. Facts of recognition;

A. In light of the Plaintiff A’s standard, Plaintiff B is a child, Defendant D is a father of Defendant D, and Defendant C is a husband of Defendant D, who is a fraud (i.e., Plaintiff B’s punishment).

B. In 2011, the Defendants intended to take over and operate “E” (hereinafter “E”) at the place of the week (hereinafter “instant place”), and requested the Plaintiffs to recover the shortage of funds and to lend money necessary therefor.

C. The Plaintiffs obtained a loan from the Seoul Livestock Industry Cooperatives as security and lent the following money to the Defendants.

1) Plaintiff A borrowed KRW 60 million on July 25, 201 and used KRW 7,958,326 to substitute for the existing house loan, etc., and leased KRW 49,934,874, the remainder of KRW 60,000,000,000,000 for the above loan was paid by the Bank to the Defendants, and the Bank paid interest on the loan was managing the passbook and cash card used for the above loan by the Defendants. (ii) Plaintiff B borrowed KRW 16,516,337,000 on July 14, 2011, and used KRW 16,516,363 among them to substitute for the existing house loan and lent the remainder of KRW 68,383,663,00,00,000,000 for the above loan to the Bank to pay the interest on the loan by the Defendants.

On July 13, 2011, Defendant C prepared a document stating that “The principal E’s ownership prior to repayment of KRW 85 million is maintained in the Plaintiff B.” On July 25, 201, Defendant C drafted a certificate of borrowing KRW 49,934,874 with respect to the Plaintiff on July 25, 201, and (3) around March 3, 2016, the Plaintiff made efforts to repay KRW 48,041,674 with respect to the loans it used under the title “after-payment plan for the loans.”

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