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(영문) 춘천지방법원 속초지원 2018.12.06 2016가합140
대여금
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claims against the defendant B, D, and E are all dismissed.

3...

Reasons

1. Basic facts

A. Defendant B and Defendant C are persons in a de facto marital relationship, and Defendant D and Defendant E are children of Defendant C.

B. Around May 3, 2010, Defendant B prepared a loan certificate with the purport that “Defendant B, on May 3, 2010, entered into a loan certificate with the Plaintiff stating that “on July 3, 2010, Defendant C, D, and E, with the joint and several guarantee of Defendant C, D, and E, KRW 40 million,000,000,000 from the Plaintiff as of July 3, 2010 shall be borrowed as of July 3, 2010.”

(2) Each of the above loan certificates shall be set forth in the sequence, and each of the above loan certificates shall be set forth in the table. The (original) Nos. 40,00 million won on May 3, 2010, which is a joint and several debtor debtor, as of May 3, 2010; Defendant B, D, E, and E3-12 on May 3, 2010, including Defendant D and E3-23-23 on July 3, 2010, KRW 6 million on September 1, 2011, Defendant C and E4-1414, June 30, 201, and each of Defendant C-5, 30,000 won on July 3, 2010; Defendant C-5, 31,500,000 won on May 30, 201; Defendant C-5,50,000 won on June 30, 2011.

2. Of the claims against Defendant B, the part related to the certificate of borrowing (as stated in paragraphs 1 through 4)

A. The plaintiff's assertion 1) The plaintiff asserted that the defendant Eul prepared each of the above loan certificates of this case as follows, and sought the return of the loan certificate of this case against the defendant Eul. A [the loan certificate No. 1 and No. 2] The defendant Eul lent 26 million won to the plaintiff around May 3, 2010. The plaintiff extended 26 million won to the plaintiff. The plaintiff is entitled to 140 million won of the loan certificate of 140 million won of the loan of this case which the defendant Eul extended to the defendant Eul and has not yet been repaid. And it is different to prepare a separate loan certificate of 40 million won of the remainder of the debt of the defendant Eul."

Accordingly, Defendant B prepared a loan certificate No. 1 and No. 2 on May 3, 2010 and delivered it to the Plaintiff, and the Plaintiff delivered KRW 26 million to Defendant B’s account on May 4, 2010.

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