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(영문) 대구지방법원 2015.01.30 2013가단43960
대여금
Text

1. As to KRW 106,463,521 and KRW 78,468,495 among the Plaintiff, Defendant B shall be from December 27, 201 to January 30, 2015.

Reasons

1. Basic facts

A. The plaintiff is a married couple with D.

Defendant B is the same birth of Defendant D, and the Defendants are married couple.

B. The Defendants returned to the Republic of Korea in December 1996, even though they returned to the Republic of Korea in December 2007.

C. Defendant B was ordered to commence individual rehabilitation as Daegu District Court 2009 Daegu District Court 2009da12759, Defendant C was ordered to commence individual rehabilitation as 2009 Daegu District Court 2009da4971, and the repayment was completed according to the repayment plan. Both the Defendants did not report the Plaintiff to the creditor in the rehabilitation procedure.

【Ground of recognition】 The fact that there has been no dispute, Eul evidence 1, witness D’s statement, the purport of whole pleading

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) On December 11, 2003, in order to lend money to the Defendants, the Plaintiff took out a loan at the interest rate of 8% per annum from a mmar mutual savings bank (at the same time, mutual assistance mutual aid bank) on its own e-family apartment as security.

On the following day, the Plaintiff found the above loans of KRW 54 million in cash, and lent the loans to Defendant C to the Defendants.

B) On April 13, 2004, the Plaintiff borrowed 110 million won at an annual interest rate of 6.8% from the Daegu Livestock Industry Cooperative. On the same day, the Plaintiff repaid 81,196,876 won to mal mutual savings banks, and remitted 27 million won out of the balance to the F’s account designated by the Defendants, and lent it to the Defendants. C) As such, the Plaintiff received two loans, and loaned the Defendants the total amount of 81 million won (hereinafter “the instant money”).

The Defendants agreed to pay interest on each of the above loans, and the Plaintiff was also liable to pay KRW 782,200 when receiving a loan from the Daegu Livestock Industry Cooperatives.

2) Defendant B’s assertion that Defendant B did not borrow money from the Plaintiff, and Defendant B merely received an investment from the Plaintiff while opening a restaurant in Brazil.

B. Defendant C asserts that the Plaintiff invested the instant money to Defendant B, and that it has no relation to himself.

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