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(영문) 인천지방법원 2013.10.02 2012가단35148
대여금
Text

1. The Defendant: (a) KRW 20,000,000 to the Plaintiff (Appointed Party) and 5% per annum from May 8, 2012 to October 2, 2013.

Reasons

1. Basic facts: ① Appointed C (hereinafter “Appointed”) and the Plaintiff (Appointed Party; hereinafter “Plaintiff”) are actually married couple.

The defendant and D are legally married couple, and the defendant is the defendant, who is the defendant, who is the person who is in charge of the actual management, and D operated together with the person who is in charge of the actual management.

② Husband and wife of the Plaintiff respectively lent to the Defendant husband and wife, KRW 50 million around August 9, 2006, and KRW 20 million around July 31, 2008.

③ On August 20, 2008, the Defendant indicated the selected tenant as the tenant, and prepared a payment note to the Plaintiff’s husband and wife to the effect that 60 million won for the key money for lease on a deposit basis of 3 101 Dong-dong, Incheon, Nam-gu, Incheon, 2008, 20 million won until September 4, 2008, and 40 million won until the 20th day of the same month (hereinafter “instant payment note”).

④ The Defendant couple’s husband and wife’s husband and wife’s wife on September 3, 2008 and the same month.

4. 15 million won, and the same month;

5. 15 million won and 30.15 million won in total were repaid.

⑤ Around August 9, 2006, the appointed party filed an application with the Defendant for a payment order claiming repayment of loans of KRW 50 million with the Incheon District Court No. 2010 tea1571, the amount of loans of KRW 50 million.

In the above payment order case (hereinafter "previous payment order case"), the defendant borrowed the above 50 million won from the plaintiff, but on October 16, 2007, the defendant borrowed the above 50 million won from the plaintiff.

7. On October 27, 27, 5 million won, 3.5 million won on May 3, 199, 3.3 million won on December 12, 199, and 10 million won on April 15, 2008, paid in cash, and paid in total 26.5 million won on April 15, 2008, and the Defendant did not pay in full but did not have any demand or contact but rather did not have any response to the Defendant’s sending of a telephone or a letter to the court.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1-3 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion ① The Plaintiff’s husband and wife lent money to the Defendant several times.

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