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(영문) 청주지방법원 제천지원 2018.04.18 2017가단1727
대여금
Text

1. The defendant shall pay 148,200,000 won to the plaintiff and 15% per annum from July 25, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) is the husband of the Plaintiff.

B. The Defendant, before the death of the Deceased, prepared a confirmation and a loan certificate with the following contents:

1) The certificate of May 15, 2008: 50,000,000 won shall be used for about four months from the date of payment; 2) the certificate of borrowing on December 29, 2008: a promise is made to repay by July 30, 2009 in borrowing KRW 70,000,000.

3) The loan certificate dated May 28, 2010: (a) borrowed on May 28, 2010 and promised to pay 5,000,000 won until June 4, 2010; (b) borrowed on August 30, 2010: (c) borrowed on August 30, 2010 and promised to pay 10,000,000 won in line with that on August 30, 2010.

5) The loan certificate dated 1, 2010; 15,000,000 won borrowed on November 1, 201 and paid until December 30, 2010 (6) the loan certificate dated 20, 201: 5,000,000 won.

7) The loan certificate as of May 7, 201: (a) borrowed on May 1, 201 and promised to repay KRW 10,000,000 on May 31, 2011; (b) borrowed on May 7, 2011; (c) borrowed on May 2, 201 and promised to repay KRW 10,000 on May 2, 201.

9) The loan certificate as of August 12, 201: 5,00,000 won is borrowed on August 12, 2011; and 10) the loan certificate as of January 9, 2012: 30,000,000 won is borrowed on January 9, 201 and repaid on March 9, 2012.

C. The Deceased died on March 13, 2012.

On July 11, 2017, the deceased’s heir, D, and E, who is the wife of the deceased, had an agreement on the division of inherited property with the content that the deceased’s claim was inherited by both the Plaintiff and D and E were not inherited.

From January 15, 2009 to February 5, 2016, the Plaintiff is a person who received a total of KRW 61,800,000 from the Defendant from the Defendant, and the fact that the said money was appropriated as the principal repayment.

[Reasons for Recognition] Each entry of Gap evidence Nos. 2 and 5 (including each number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, 210,000,000 won in total to the defendant = 50,000,000 won in = 50,000,000 won in total, 15,000,000 won in total, 5,000,000 won in total, shall be 5,000 won in total.

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