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(영문) 수원지방법원 2017.11.09 2016나18804
대여금
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. In around 2005, the Defendants borrowed KRW 3 million from the Plaintiff as the number of days.

Defendant B transferred to the Plaintiff the part concerning KRW 3,90,00 among the claims for the refund of the lease deposit for the part concerning the “G beauty room” among the lease claims for the part concerning the “G beauty room” among the Suwon-gu E and the F buildings, and the above transfer notification was delivered to D on August 22, 2005 by content-certified mail.

B. On September 24, 2005, the Plaintiff, on behalf of the Defendants and H, drafted a notarial deed on behalf of the Defendants, stating that “the Defendants and H lent KRW 3 million around September 24, 2005. The Defendants and H jointly and severally repaid a loan of KRW 3.9 million on October 1, 2005, and if the said date is not repaid, the damages for delay shall be 66% per annum.” (hereinafter “instant notarial deed”).

C. After the termination of the lease contract with Defendant B, D deposited KRW 16750,000,000 in Suwon District Court in 2006 as Suwon District Court Decision 4749 on June 28, 2006.

On August 16, 2012, the Plaintiff filed a lawsuit seeking confirmation of the holder of the right to pay deposit money in Suwon District Court 2012dan15929, which confirmed that the Plaintiff had the right to claim payment of KRW 3.9 million out of KRW 16.75 million deposited by the Suwon District Court 2006, Jun. 28, 2006, the Plaintiff confirmed that the Plaintiff had the right to claim payment of KRW 3.9 million among KRW 16.75 million deposited by the Suwon District Court 2006. The Plaintiff received a favorable judgment on September 6, 2012, and received the total amount of KRW 13.9 million in the position of the holder of the right to claim payment in the distribution procedure held on October 29, 2012.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 7 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the Plaintiff claimed against the Defendants the payment of KRW 4,767,60,608 (specific calculation details are as follows) and damages for delay as to the leased principal amount of KRW 3,000,000 among them.

-Calculation details of the balance of loans claimed by the Plaintiff-1) The principal of the loan:3,00,000 won (2) delay damages ① October 1, 2005

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