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(영문) 수원지방법원평택지원 2013.11.14 2013가단6402
대여금
Text

1. The Defendant’s KRW 39,00,000 as well as 5% per annum from June 1, 2013 to November 14, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 12, 2010, the Defendant prepared and delivered the following loan certificates (hereinafter “instant loan certificates”) to the Plaintiff:

(The following is the name of the defendant and the right side of the last part of the loan certificate. The defendant's seal imprint is affixed to the right side of the defendant. The debtor, B and B borrowed 30 million won from A on March 12, 2010.

After March 30, 1990, 10 million won in addition to the day of March 30.

Repayment is an apartment purchase and sale of 102 Dong 1008, and at the same time, 20,000 won shall be repaid when the remainder is paid.

The remainder 20 million won shall be repaid before December 2010.

Documents to be submitted: A certificate of personal seal impression, certified copy of resident registration, March 12, 2010

B. The Plaintiff delivered KRW 30 million to the Defendant on March 12, 2010, which was on the date of preparation of the instant loan certificate, and additionally delivered KRW 9 million on September 6, 2010.

C. Meanwhile, at the time of the preparation of the instant loan certificate, the Defendant registered as the owner of Pyeongtaek-si Apartment Nos. 102 and 1008 (hereinafter “instant apartment”). On December 20, 2010, the instant apartment was sold to D, and completed the registration of ownership transfer on January 26, 201.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts finding as to the plaintiff's cause of claim, it is reasonable to view that a monetary loan contract was concluded between the plaintiff and the defendant by the loan certificate of this case, and that a total of KRW 3.9 million delivered by the plaintiff to the defendant is a loan under the above contract.

In addition, the term “Attachment 102, 1108” stated in the loan certificate of this case appears to mean the apartment of this case, and the defendant sold the above apartment to D on December 20, 201 and received the remainder on January 26, 201. As such, the part of the plaintiff’s loan of KRW 20,000,000, which is the date of receipt of the remainder, arrives around January 26, 201, as stated in the loan certificate of this case.

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