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(영문) 광주지방법원해남지원 2016.06.16 2015가단20817
양수금
Text

1. The Defendant’s KRW 21,00,000 as well as 5% per annum from March 20, 2015 to June 16, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. C has been a transaction of lending money to E with D's introduction around 2012, and E has been a transaction of full payment.

B. C paid 5,00,000 won in cash to E on January 29, 2012 (the fact that there is no dispute) and from January 20, 2012

4. up to 26.26. 15,958,000 won was remitted to E.

(C) Any order issued by this Court to submit financial information to the Director of Korea Post;

On April 30, 2012, the Defendant, the husband of E, remitted KRW 10,000,000 to C.

(No. 2) d.

On May 7, 2012, the Defendant prepared a loan certificate with the purport that “The amount of KRW 30,000,000 for tea shall be repaid until May 7, 2013, and if a promise is made, legal response may be possible” (hereinafter referred to as “the loan certificate of this case”).

(A) Evidence No. 4 and witness E in part).

On December 31, 2012, the Defendant remitted KRW 9,000,000 to C.

(F) On February 6, 2015, C transferred KRW 30,000,000 to the Defendant on the loan certificate of this case, and notified the Defendant of the transfer of the credit by content-certified mail on February 23, 2015.

(Evidences A) 1, 2, 4, 2, 2, 2, and 2, each entry of Gap's 1, 1, 2, and 2, the result of each order to submit financial information to the President of this Court, the Korea Post, and the Nonghyup Bank, the witness E's testimony, and the purport of the whole pleadings.

2. The parties' assertion

A. As the cause of the instant claim, the Plaintiff asserted that, under the circumstance where the Defendant, the spouse of E, remains at KRW 39,00,000,000, E’s obligation for the repayment of the borrowed amount, the Plaintiff drafted the instant loan certificate in the sense that, with the exception of KRW 9,000,000, the remainder of KRW 30,000,000, which E promised to repay as soon as possible, was acquired or jointly and severally guaranteed by E out of the E’s obligation, the Plaintiff claimed against the Defendant for the above KRW 30,00,000 and damages for delay

B. As to this, the Defendant found C as the house on May 7, 2012.

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