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(영문) 수원지방법원 2018.05.11 2017가단506888
대여금
Text

1. The Plaintiff’s claim against Defendant C is dismissed.

2. Defendant D’s each of the Plaintiffs’ KRW 25,00,000 and each of the above.

Reasons

1. Basic facts

A. The Plaintiffs are the successors of the deceased E (hereinafter “the deceased”), Defendant C is the temple located in the F of Sungnam City, and Defendant D is the representative of Defendant C.

B. Defendant D entered into a sales contract with Nonparty G to purchase the said G H large 271 square meters (hereinafter “instant land”) owned by the said G, and the funds were insufficient. On February 5, 2014, Defendant D and the Deceased entered into a written statement of performance (hereinafter “each written statement of performance”) with the following content: (a) (i) the Deceased and the Deceased borrowed KRW 150,000,000 as collateral for the instant land; (b) the Deceased borrowed the said KRW 150,000,000 as well as KRW 75,00,000 for the Deceased’s money as collateral; (c) the Defendant D repaid the interest on the said loan; and (d) the Deceased additionally paid interest on KRW 400,00 per month to the Deceased; and (d) the Deceased and each written statement of performance (hereinafter “each written statement of February 5, 2014”).

C. From February 6, 2014 to February 25, 2014, the Deceased remitted KRW 72,000,000 in total to the account in the name of Defendant C.

On April 15, 2014, the Deceased borrowed KRW 200,000,00 from a new bank again by the Deceased and loaned KRW 275,000,000 in total to Defendant D, plus KRW 75,00,000 in total, and KRW 75,00,000 of the Deceased’s money, and Defendant D agreed to pay interest on the above loan, and additionally, to pay interest of KRW 400,000 per month to the Deceased (hereinafter “each letter of performance”) of the above content.

E. On December 5, 2014, the Deceased and Defendant D, once again, shall be referred to as “each letter of performance as of December 5, 2014,” and “each letter of performance in the instant case by combining both the said three letters.”

2) On December 5, 2014, each of the main contents of E is as follows. The obligor E: C company (the representative: D above performance angle means that it is identical with that of the performance angle for H No. 1 residential area at the time of Gyeonggi-do, the domicile of Gyeonggi-do, and “A” and “B” each of the following:

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