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(영문) 인천지방법원 2018.12.07 2018가단201022
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from December 16, 2017 to the date of full payment.

Reasons

1. There is no dispute between the parties to the judgment as to the cause of the claim, or in light of the following circumstances: Gap evidence Nos. 1, 2, 3, and 4-1 through 5, Gap evidence Nos. 5-1 through 16, Gap evidence Nos. 6-1 through 4, Gap evidence Nos. 7, Gap evidence Nos. 8-1 through 13, Eul evidence Nos. 8-1 and 13, Eul evidence Nos. 1 and 2, and the contents of text messages sent and received between non-party C and D on September 13, 2016, the plaintiff can be acknowledged that the plaintiff lent 50,000,000 won to the defendant around the maturity of payment period of 2017. A.

On September 13, 2016, the Plaintiff deposited KRW 50,000,00 in the Defendant’s E Bank Deposit Account.

B. As between D and D on May 15, 2017, the Plaintiff prepared a certificate of borrowing KRW 50,000,000 in cash and KRW 2,000 in cash and KRW 72,00,00 in each month for each 36-month period, with the mother of D on September 13, 2016, with the following: “In the event that D’s repayment date is due, the mother of D promised to make a reimbursement from May 30, 2017 to the effect that the Defendant, as the mother of D, did not otherwise follow legal procedures with respect to the borrowed portion,” and “in the event that D’s repayment date is due, the mother of D promised to have no objection to the borrowed portion.”

C. Meanwhile, in the case of creditor F, debtor D, and joint and several sureties, “F shall lend KRW 44,00,000 to D on February 27, 2017, and shall make a total of KRW 4,000,000 on the last day of each month from March 27, 2017 to January 2018, a notary public of February 27, 2017 prepared a notarial deed of monetary loan agreement No. 104 of the law firm G 2017.

In addition, on December 27, 2017, the defendant prepared a certificate of full payment that he paid 50,000,000 won to F.

The Defendant received KRW 50,00,000 from the Plaintiff on September 13, 2016 from the Plaintiff (or after the repayment) to pay the said F’s debt.

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