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(영문) 광주지방법원 2020.03.13 2019가단501329
대여금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The occurrence of the claim in this case; and

A. D each written and issued to the Plaintiff a certificate of borrowing KRW 400,000,000 on October 27, 2014 to the effect that the Plaintiff borrowed KRW 400,000 per month interest, and KRW 50,000,000 on August 27, 2015 to the effect that the Plaintiff borrowed KRW 200,000 per month interest.

(hereinafter referred to as “previous loan certificate”). (b)

D) On March 31, 2016, 200, KRW 200,000 monthly interest rate of KRW 50,000,000 and KRW 30,000 were issued with a loan certificate to the Plaintiff on March 31, 2017 (hereinafter “the instant loan certificate”). The Defendants and D’s wife affixed their seals on the instant loan certificate as joint and several sureties.

(hereinafter referred to as “the instant claim” and “the instant obligation”) with respect to the previous loan certificate and the obligation arising from the loan certificate.

C. Meanwhile, G, a de facto spouse of the Plaintiff and the Plaintiff, became aware of F, an oriental medical doctor, through the introduction of E.

Plaintiff andG remitted F to F’s account KRW 200,000,000 ( KRW 100,000,000,000 on September 20, 2016, and KRW 100,000 on October 17, 2016) with the funds necessary for F to open an oriental medical hospital, and drafted a debt authentic deed to the effect that a notary public lent F to F amounting to KRW 200,00,00,000 at the rate of 24% per annum per annum 204,00,000 on a law firm H deed No. 1157 of 2016.

(hereinafter referred to as “F Bonds”) d.

E from October 2016 to July 2017, 2017, the Plaintiff and G extended KRW 23,000,000,000 to October 19, 2016, and the Plaintiff and G lent KRW 100,000,000 on September 20, 2016, and paid only interest for KRW 100,00,000 on October 17, 2016;

December 20.20.4,000,000 won, January 20, 2017; and 4,000,000 won for the 22.4,00,000,000 won for the same year; and

6. 28.4,500,000 won, and the same year.

7. 30.4,500,000 won was paid, and F shall have interest of 12,00,000 won from January 2, 2017 to May 2 of the same year (F shall have interest of 22.4,00,000,000 won on January 22, 2017), and the same year.

5. 11.8,00,000 won were paid.

E. On February 2017, the Plaintiff is an oriental medical hospital of KRW 93,00,000,000, issued by F to I for the repayment of F credit.

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