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(영문) 대전지방법원공주지원 2020.09.16 2019가합20258
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 164,300,000 on the Plaintiff and as a result, from May 31, 2019 to September 16, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) around January 2017, the Plaintiff annually renting KRW 3.2 million to Defendant B of E, Si-si, Si-si, the Plaintiff owned by the Plaintiff (hereinafter “instant land”); and (b) the rent of KRW 53,09 square meters per annum.

1. The term of lease was fixed from January 20, 2017 to January 20, 2021 (hereinafter “instant contract”) and leased (hereinafter “instant contract”).

B. The Defendants are married, and Defendant B is a vinyl house of this case 9 (hereinafter “the instant vinyl house”) as indicated in the attached drawings on the land of this case.

(1) Defendant B had built the instant vinyl and carried out a farming house. The Plaintiff did not pay KRW 3.2 million to the Plaintiff until January 20, 2019. On May 23, 2019, the successor purchased the instant vinyl and its affiliated facilities in the auction procedure for corporeal movables, and entered into a business relationship with Defendant B, thereby giving a farming house at the instant vinyl. (c) The Plaintiff found Defendant B to have paid KRW 6 million from November 1, 2016 to April 10, 2017; KRW 70 million from June 7, 2017; KRW 20 million from July 3, 2017; KRW 3.5 million from July 3, 2017; and KRW 1.5 million from July 3, 2017; and the Plaintiff did not lend KRW 1.5 million to Defendant B, each of the following facts constituting a total of KRW 3.5 million from May 1, 2018.

(1) Defendant B was paid KRW 60 million from the Plaintiff on January 4, 2017; KRW 70 million on June 7, 2017; KRW 15 million on July 3, 2017; KRW 165 million on November 3, 2017; and KRW 9.3 million on January 30, 2018 to November 3, 2018; Defendant B borrowed the principal and interest at KRW 6.8 million in cash for the same period; however, Defendant B was not able to verify that the principal and interest have not been paid up until the scheduled date of the loan payment; KRW 165 million on July 3, 2017; and Defendant B was not paid by the scheduled date of May 36, 2019; and Defendant B borrowed the amount including KRW 9.3 million on January 30, 2018 to November 3, 2018.

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