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(영문) 대전지방법원 2019.06.12 2018가합104256
대여금
Text

1. The plaintiff's main claim is dismissed.

2. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 93,933,430 and the said amount.

Reasons

1. Basic facts

A. The Defendants, as married couple, operate wholesale and retail business, such as a type of stimulation and hydrotensionr, with the trade name of “D.”

Amount borrowed: Interest for arrears of KRW 128,93,430: 3% per month due: A special agreement on December 31, 2013: The amount payable shall be as follows:

Of the above amounts of KRW 128,933,430 as of September 4, 2013, the amount to be terminated upon the expiration of the lease term of the E Co., Ltd. shall be deducted when the lease term expires, from among the above amounts of KRW 35,00,000,000, the total amount of KRW 76,133,430 as of September 4, 2013.

December 6, 2015). (b)

On September 4, 2013, the Defendants: (a) designated the obligee as the Plaintiff and the debtor as the Defendants; and (b) drawn up a loan certificate with the following contents as the Defendants:

(hereinafter “this case’s loan certificate”). 【No dispute exists concerning the grounds for recognition, entries in Gap’s Nos. 1 and 5 and the purport of the whole pleadings.

2. Determination

A. A summary of the cause of the claim 1) The Plaintiff as the primary cause of the claim is F, G, and H Co., Ltd. (hereinafter “F, etc.”) from April 29, 201 to July 5, 2013.

(2) On September 4, 2013, the Plaintiff and the Defendants, from the Plaintiff’s name, remitted KRW 380,533,775 to the Defendants’ nominal account or the Defendants’ designated account, and lent the money to the Defendants. Even if the money remitted to the Defendants using the Plaintiff’s nominal account, such as domestic affairs and F, is not recognized as each loan to the Defendants, the Plaintiff acquired each of the above loan claims from F, etc., and thus, the Defendants are jointly and severally liable for payment of KRW 122,446,75, which did not repay the said money to the Plaintiff. (2) The Plaintiff and the Defendants, from time to time, frequently traded money to determine KRW 128,93,430, and the instant loan certificate was prepared.

Therefore, the defendants are jointly and severally liable to the plaintiff at the above KRW 128,933,430,000,000,000,000,000,000,000,000,000 won, which was terminated according to the terms and conditions of the loan certificate

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