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(영문) 부산지방법원 2014.04.08 2013가단64706
대여금
Text

1. Defendant C shall pay to the Plaintiffs the amount of KRW 95,750,959 as well as KRW 48,200,00 among them, from July 16, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff A and Defendant C had a money transaction as seen below between Plaintiff A and Defendant C, which was first known at the workplace around 1990.

Plaintiff

B is the children of Plaintiff A, and Defendant D is the husband of Defendant C, and Defendant E is the children between Defendant C and Defendant D.

B. (1) On August 29, 2007, Defendant C prepared a loan certificate stating that the loan amount of KRW 5 million is set at the interest rate of KRW 4.5% per month to Plaintiff A (hereinafter “the first loan certificate”).

B. On October 2, 2008, Defendant C, along with the Plaintiff on October 2, 2008, borrowed KRW 26 million from the Plaintiffs on October 2, 2008, at the interest rate of 4.5% per month, and on December 30, 201, by determining the due date for repayment as KRW 4.5% per annum.

“) The Defendant D, E’s name, address, and resident registration number are indicated in the column of the joint and several surety for the end of the instant secondary evidence, and the seal is affixed on the name of the said Defendants. In addition, at the time of the preparation of the secondary evidence of this case, the Defendant C issued to the Plaintiff the Defendant D’s certificate of personal seal impression (issuance by Defendant C on September 30, 2008), the Defendant E’s certificate of personal seal impression (issuance by Defendant E on September 30, 2008), the copy of each resident registration certificate, and the resident registration certificate (issuance by Defendant E on September 30, 2008).

Defendant C’s third-use card of this case is “the third-use card of this case with the content that Defendant C borrowed KRW 17.2 million from the Plaintiffs on October 30, 2009 at an interest rate of 4.5% per month, and due date of payment on January 1, 2013.”

(B) prepared and proposed the document. [The facts that there is no dispute over the grounds for recognition, the entries in Gap evidence 1-1-3, evidence 1-2, 3, 5, and 6-2, 3, 5, and 6-6, the inquiry results on the head of Busan Jin-gu Dong and the purport of the entire pleadings,

2. The fact that Defendant C loaned money from the Plaintiffs as stated in each of the instant loan certificates, and the fact that the money as stated in paragraph (1) of this case remains between the Plaintiffs and the Defendant C.

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