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(영문) 인천지방법원 2014.11.28 2014나4651
대여금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall be the plaintiff.

(a)21,000,000 won;

(b) on April 2014;

Reasons

1. Facts of recognition;

A. At the time of March 25, 201, C requested C to lend money to the Plaintiff in order to raise the purchase price of tourist buses (F; hereinafter “the instant bus”) to be entered into D Co., Ltd. (hereinafter “D”). The Plaintiff received KRW 20,000,000 from E on March 25, 201 and then withdrawn KRW 40,000 and deposited KRW 40,000 to D (hereinafter “the instant loan”).

B. As the Plaintiff did not repay the instant loan, the Plaintiff, along with E, sought the Defendant and urged the Defendant to repay the instant loan, and on April 3, 2012, the Defendant drafted and issued to the Plaintiff and E an agreement (Evidence A No. 2-1, hereinafter “instant agreement”) with the following contents on the back of Chapter Three (former).

on March 25, 2011, in borrowing KRW 40 million in cash, a part of the delivery money of the vehicle F. The foregoing agreement is drawn up with respect to the promise between them as follows. B (Defendant) is the owner of the vehicle and the commitment to them as follows:

b. The date of performance will be from May 25, 2012 to pay a fixed amount of KRW 700,000 per month and in return for the promise to pay all the balance at the time of disposal by selling the vehicle;

(b) Resident number: G, address: Guro-gu Seoul Metropolitan Government H and name:

B. Specifying that a separate commitment may be made only with the date fixed for consultations on commitments. Compilation on April 3, 2012

B. C.

E applied for a compulsory auction on October 18, 2012, when the Plaintiff did not repay KRW 20 million to the Plaintiff, E paid KRW 20 million to E on November 8, 2012. The Plaintiff paid KRW 20 million to E on November 8, 2012.

On the other hand, the defendant filed a divorce lawsuit against C on July 11, 2001 with C and C, and filed a divorce lawsuit under the Seoul Family Court Decision 2013Ddan4145, on the ground of the indivability of families with C.

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