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(영문) 수원지방법원성남지원 2020.09.11 2019가합408964
청구이의
Text

1. The Defendant’s decision is based on the Suwon District Court Branch Decision 201Gahap2506 Decided December 20, 201 with respect to the Plaintiff.

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff was the husband and wife of C, but D was divorced around 2010. D was the Plaintiff’s mother, E was the Plaintiff’s mother, and F was the Plaintiff’s mother, and F was the Plaintiff’s birth. 2) The Defendant became aware of the Plaintiff and C at the Edridton club, and C was the wife of G and G, a work partner of C.

B. The Defendant’s lending and settlement1 of money against the Plaintiff was requested by the Plaintiff that the operating funds of the gas station operated with D with D, and the Defendant lent KRW 220,000,000 to the Plaintiff on seven occasions from January 8, 2009 to March 6, 2009, as shown in the separate lending Nos. 1 through 7. 2) Upon receipt of a request from the Plaintiff for the lending of deposit money from the Plaintiff, the Defendant lent KRW 40,000,000 as shown in the separate lending No. 8 of April 1, 2009. On April 8, 2009, the Defendant arranged that the Plaintiff borrowed KRW 10,000,000 from the Defendant’s relative-gu or relative, and provided a joint and several guarantee for the said borrowing money.

3) On April 23, 200, the Defendant loaned KRW 60,000,00 as stated in [Attachment 10] No. 10 on April 23, 2009 upon the Plaintiff’s request for the lending of the gas station operation fund again. 4) On May 28, 2009, the Defendant loaned KRW 150,000 in total to the Plaintiff, as stated in [Attachment 10] lending No. 10,000,000,000 from the Plaintiff. Upon receiving a request from the Plaintiff, the Defendant decided to transfer the said apartment to the Plaintiff upon receiving a refund of the money he invested by the Plaintiff, and the Defendant transferred the money to the Defendant.

5) On June 15, 2009, the Defendant and the Plaintiff settled accounts of the funds that the Defendant lent to the Plaintiff and the funds that the Plaintiff received partially from the Plaintiff, and drafted a certificate of borrowing with the following contents (hereinafter “the first settlement agreement”).

The portion repaid among the loans shall be as shown in the column of the details of the loan in attached Form.

(1) The loan certificate: three hundred and thirty million won (330,000,000 won).

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