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(영문) 인천지방법원부천지원 2016.12.15 2015가단118757
대여금
Text

1. Defendant B and C shall jointly and severally serve for the Plaintiff KRW 85,00,000 and 5% per annum from December 31, 2006 to January 11, 2016.

Reasons

1. Basic facts

A. The plaintiff and the defendant B are legally married, and the defendant C is the mother of the defendant B, and the defendant D is the birth of the defendant B.

B. On April 15, 2004, Defendant B and C prepared a loan certificate (Evidence A 1) to the Plaintiff. The main contents are as follows.

Each letter (Evidence)

1. Defendant B borrowed KRW 50,000,000 from the Plaintiff on September 20, 1996.

2. Defendant B borrowed KRW 35,000,000 from the Plaintiff on July 15, 2002.

Defendant B will pay KRW 85,00,000 for the aggregate amount until December 30, 2006.

The borrower: Defendant B's joint and several surety: April 15, 2004

The Plaintiff filed an application for provisional seizure of real estate against the real estate listed in the separate sheet owned by Defendant C (hereinafter “instant real estate”) with the claim against the above joint and several surety claim against Defendant C, and completed the provisional seizure registration on May 28, 2004 by the court on May 27, 2004.

Since then, the registration of provisional seizure was cancelled on December 20, 2005 due to the cancellation on December 12, 2005.

On the other hand, around April 2004, the plaintiff filed a complaint against the defendant B on the charge of adultery.

On June 11, 2004, Defendant B was sentenced to 8 months of imprisonment and 2 years of suspended execution by the court (In Incheon District Court 2004Dadan2346), and the above judgment became final and conclusive as it is.

E. In addition, on April 19, 2004, the Plaintiff filed a divorce lawsuit against the Defendant (In Mancheon District Court 2004Ra8029), and on July 21, 2004, the following conciliation was established.

1. The plaintiff and the defendant B are divorced.

2. Defendant B shall pay 10,000,000 won as consolation money to the Plaintiff up to September 30, 2004. If the above amount is not paid by the above date, the damages for delay shall be paid at the rate of 20% per annum from the day after the day to the day of full payment.

(Designation of Child-Parentor and Child Care Holder and Interview Clause omitted)

4. Defendant B shall not claim for the division of property against the Plaintiff.

F. The above.

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