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(영문) 광주지방법원 2020.11.12 2019가단531009
청구이의
Text

1. On October 5, 2016, based on the Defendant’s decision of performance recommendation (2016 Ghana60548) against the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is C’s spouse, the Defendant is D’s spouse, and C’s spouse on April 1, 2015, KRW 500,000,000 on May 12, 2015, and KRW 3 million on July 31, 2015.

3) On June 8, 2016, with respect to C’s above loan loan amounting to KRW 18 million, the Plaintiff drafted a loan certificate to the Defendant that 18 million won will be repaid monthly on June 8, 2016. (B) The Defendant borrowed KRW 18 million from the Defendant on June 8, 2016, and filed a lawsuit against the Plaintiff claiming that “The Plaintiff borrowed KRW 18 million from the Defendant on June 8, 2016, and paid KRW 500,000 to the Defendant and did not repay the remainder of KRW 17.5 million.”

(Ma) On October 5, 2016, the Gwangju District Court rendered a decision on performance recommendation that “the Plaintiff shall pay to the Defendant the amount of KRW 17.5 million and the amount calculated by the rate of KRW 15% per annum from October 12, 2016 to the date of full payment,” and the said decision on performance recommendation was finalized on October 26, 2016 (hereinafter “the instant decision on performance recommendation”).

(C) The Defendant filed a lawsuit against C claiming a loan of KRW 10.5 million on the ground that “C lent KRW 5 million on November 28, 2014, KRW 3 million on August 26, 2015, KRW 10.5 million on September 8, 2016, and KRW 10.5 million on September 25, 2016.”

(Maju District Court 2017 Ghana7246). 2 in the foregoing case, C submitted the details of the deposit made to D by the Defendant’s spouse from January 23, 2015 to September 28, 2016, by asserting that the above loan was fully repaid to the Defendant.

On the other hand, the defendant's assertion that the defendant and the defendant's spouse D have repaid all of the borrowed money from November 29, 2014 to September 8, 2016 is nothing more than 54,834,400 won.

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