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(영문) 창원지방법원마산지원 2016.08.24 2015가단103916
대여금
Text

1. The Defendants jointly share KRW 140,490,515 among the Plaintiff and KRW 106,514,420 among the Defendants, from August 1, 2016 to August 1, 2016.

Reasons

1. Facts of recognition;

A. On March 15, 2011, Nonparty D, the Plaintiff’s mother, determined the amount of KRW 30 million at the interest rate of KRW 1.5% per month on behalf of the Plaintiff on March 15, 201, and lent to Defendant B at the interest rate of KRW 30 million on behalf of the Plaintiff. The Plaintiff transferred KRW 30 million to Nonparty E’s deposit account in the name of Nonparty E according to the designation of Defendant B.

(A) The Defendant B, on March 15, 201, issued to D the loan certificate (No. 1 and No. 2-1) written on “Defendant C, the guarantor,” with respect to the loan amount of KRW 30 million.

Article 85,00 won was transferred from the deposit account in Defendant B’s name to the deposit account in the Plaintiff’s name three times on October 11, 2012, December 5, 2012, and December 15, 201, respectively; and from the deposit account in the Defendant C’s name, January 15, 2013;

2.15.

3. 15. Each KRW 450,000 was transferred to the savings account in the Plaintiff’s name, and thereafter, 450,000 won was transferred on several occasions from 15.

(b) September 27, 2012; and

9. As of September 27, 2012, KRW 40 million (i.e., KRW 30 million) on behalf of the Plaintiff on behalf of the Plaintiff and lent KRW 30 million to the Defendant C at an interest rate of 1% per month. The Plaintiff, upon the designation of the Defendant C, transferred KRW 10 million to the deposit account in the name of the Defendant B, and KRW 20 million to the deposit account in the name of Nonparty F (excluding Nonparty G’s children) respectively.

(A) No. 1-2, 3) Sheet D on September 28, 2012, on behalf of the Plaintiff, set the amount of KRW 10 million to Defendant C at 1% per month on behalf of the Plaintiff, and the Plaintiff transferred KRW 10 million to Defendant C’s deposit account in the name of Defendant B according to the designation of Defendant C.

(No. 1-4). (c)

On December 19, 2012, D on December 19, 2012, KRW 10 million,000,000,000,000,000 to Defendant C on behalf of the Plaintiff at an interest rate of 1% per month. The Plaintiff transferred KRW 10 million to the deposit account in the name of the Defendant C.

(A) No. 1-5) d.

On January 4, 2013, D on January 4, 2013, KRW 15 million was designated and lent to Defendant C at an interest rate of KRW 15 million on behalf of the Plaintiff on January 4, 2013. The Plaintiff is the deposit account in the name of Defendant C with KRW 15 million.

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