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(영문) 인천지방법원 2020.02.13 2018가단223817
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 57,690,885 as well as 2.5% per annum from December 31, 2014 to October 31, 2015.

Reasons

1. Basic facts

A. From October 31, 2013, Defendant B prepared a loan certificate stating that “Defendant B borrowed KRW 80,000,000 from the Plaintiff on October 31, 2013 until October 31, 2015, with the due date set at 2.5% per annum of interest” (hereinafter “instant one loan certificate,” and “the borrowed amount based on the loan certificate”) to the Plaintiff on October 31, 2013. As to Defendant B’s D apartment E, the Plaintiff completed the registration of the establishment of a mortgage on the same day as the maximum debt amount, KRW 80,000,000,000, and KRW 2.5% per annum of interest.”

B. Around May 2014, Defendant B again borrowed KRW 30,000,00 to the Plaintiff, and on May 7, 2014, Defendant B issued a loan certificate stating that “Defendant B shall borrow KRW 30,000,000 from the Plaintiff during the due date from June 27, 2015 to May 27, 2017 at the rate of 2% per annum and interest rate of KRW 30,000 (hereinafter “instant second loan certificate”; Defendant B’s spouse guaranteed the Defendant B’s above loan obligation against the Plaintiff.

C. On June 1, 2014, Defendant C repaid KRW 2,010,00 to the Plaintiff as part of the instant second loan.

Even after the creation of the instant 1 loan certificate, the financial transaction relationship between the Plaintiff and Defendant B continued. The details are as shown in the attached Table 2 of transactions.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, 4, and 7, and the purport of the whole pleadings

2. The parties' assertion

A. (1) The Plaintiff’s assertion (1) received the instant one loan certificate from the Defendant to the effect that “the Defendant borrowed KRW 80 million from the Plaintiff,” in order to settle the money transaction between the Defendant and the Defendant around October 31, 2013, while lending money to Defendant B over several times from around 2003.”

The first loan certificate of this case is prepared and delivered.

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