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(영문) 서울동부지방법원 2015.01.08 2014가단105579
대여금
Text

1. The plaintiff

A. Defendant B and D shall each be KRW 10,000,000 per annum and their interest thereon from May 1, 2005 to the date of full payment.

Reasons

1. Facts of recognition;

A. A. around 2001, Defendant D had a debt at a promissory note of KRW 145,00,000 at par value against the Plaintiff. However, if Defendant D did not repay the said debt to the Plaintiff, the Plaintiff filed a complaint against Defendant D as a crime of fraud around June 2002, and on February 17, 2003, the Plaintiff and the Defendants (Defendant B is the husband of Defendant D, and Defendant C is the husband of Defendant D) agreed to pay the Plaintiff KRW 80,000,000 (hereinafter “instant agreement”) with the agreed amount to the Plaintiff as follows (hereinafter “instant agreement”).

20,000,000 won shall be paid on the day.

30,000,000 won shall be paid in the future by the Defendant C as a deposit for lease.

10,000,000 won shall be paid by Defendant B with the obligation of Defendant D.

20,000,000 won shall be paid by Defendant C with the obligation of Defendant D.

B. As Defendant B and C agreed to accept part of Defendant D’s obligations as above, each of the following borrowings were written between the Plaintiff, Defendant B, and C on the same day:

[Defendant B] The sum of KRW 10,000,000 shall be the amount borrowed from the borrower D to the borrower D on behalf of the borrower D, and the borrower shall take over part of the debt, and shall pay in installments each month from April 30, 2003 to 25 months.

Provided, That in the event that the repayment in installments is in arrears at least twice, the benefit of the deadline shall be lost, the interest on the balance of the month shall be applied to the balance, and all civil and criminal objections shall not be raised.

[Defendant C] The sum of KRW 20,000,000 shall be the amount borrowed by the borrower to the borrower A on behalf of the borrower D, and the borrower shall take over a part of the debt and repay the debt in installments for two years from April 30, 2003.

Provided, That when the repayment of installments is in arrears at least twice, the benefit of the deadline shall be lost, and the interest of the monthly interest on the balance shall be applied from the overdue month.

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