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(영문) 대구지방법원안동지원 2015.09.24 2014가합830
대여금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either in dispute between the parties or in Gap evidence Nos. 1 to 4 (including each number, if any).

1) Plaintiff A is the wife of F, and F, Plaintiff B, and C are fire-fighting officials. The Defendants are married, and Defendant D is the owner of 6,709m2 (hereinafter “instant land”).

B. On June 11, 2013, the Plaintiffs drafted a certificate of borrowed money (hereinafter “certificate of borrowed money”) with the Defendants, in the presence of I and J, engaging in real estate brokerage at H Real Estate brokerage offices, as follows:

Creditors: The plaintiffs' joint and several sureties: defendant E's loan amount: The above amount of KRW 600 million must be borrowed in full and the following provisions shall be fulfilled:

1.The interest shall be set at 36 per annum and the due date shall be deposited into the creditor’s account at the due date of the principal.

2. The repayment period of the principal shall be December 10, 2014 and shall be agreed to be satisfied at the address of the creditor;

3. In the event of arrears at the maturity of the principal, the obligor would lose the benefit of time, the obligee would make a reimbursement without objection even if the obligee claims the balance of principal and interest, and the obligee would not make a reimbursement without objection. 4. The jurisdiction over the dispute over this obligation is determined by the court having jurisdiction over the domicile of the obligee. 5. The joint and several sureties is jointly and severally liable for the performance of this obligation with the obligor.

b. [Special Agreement]

1. The repayment of principal and interest shall be made with land before the maturity date;

(Repaid Land: The land in this case); 2. The land to be repaid shall be set up as security for the borrowed money.

3. An agreement to comply with the attached attachment special agreement (attached Form special agreement);

1. The above time of repayment shall be from December 10, 2014 to December 30, 2014.

2. The repayment shall be made prior to the arrival of the time of repayment.

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