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Reasons
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(영문) 창원지방법원진주지원 2015.09.18 2015가단30103
대여금
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1. The Plaintiff:

A. Defendant B and D jointly share KRW 9,742,054 as well as its related amount from February 6, 2009 to September 18, 2015.

Reasons

1. Facts of recognition;

A. On April 4, 2008, the Plaintiff loaned KRW 10,000,00 to Defendant B on May 4, 2008, the Plaintiff deducted KRW 500,000 as a prior interest, and Defendant D guaranteed Defendant B’s obligation to the Plaintiff on the same day.

B. On October 5, 2008, Defendant B prepared and delivered to the Plaintiff a certificate of borrowing KRW 10,000,000 to the effect that the due date was set on February 5, 2009, and Defendant C signed and sealed the above certificate as Defendant B’s guarantor (hereinafter “the instant certificate”), but the Plaintiff did not lend the above KRW 10,000,000 to Defendant B.

C. On April 22, 2008, Defendant E borrowed KRW 6,000,000 from the Plaintiff and issued a certificate of borrowing promising to repay KRW 500,000 each month, and Defendant B signed and sealed the above certificate of borrowing as Defendant E’s guarantor.

On June 16, 2008, Defendant F prepared and delivered to the Plaintiff a certificate of borrowing KRW 5,00,000, which was borrowed from the Plaintiff. Defendant B signed and sealed the above certificate of borrowing as Defendant F’s guarantor, and ② on October 25, 2008, the Plaintiff borrowed KRW 5,000,000 to the Plaintiff.

E. On July 31, 2013, the deceased H (Death on December 26, 2014) drafted and issued a loan certificate to the effect that the Plaintiff borrowed KRW 10,000,000 from the Plaintiff as of the due date specified on November 2013. ② From May 30, 2011 to January 2, 2014, the price for which the cosmetics were supplied is KRW 697,000,000.

F. The deceased’s heir had the Defendant G and his father, who is the husband, and I and J, but I and J accepted a report to waive the inheritance of the deceased’s property.

(based on recognition) Defendant B, C, D, and E / [based on recognition] / [Defendant B, C, D, and E] A’s lack of dispute, each entry of evidence Nos. 1-1 through 3, 2, 3, 4, 5-1, 2, 5-2, and 5-1, 5-1, 5-1, 5-1, 5-2, Defendant F, and Party B’s purport of the entire pleadings, respectively.

2. The parties' assertion and judgment

A. Claim against Defendant B, D, and C 1.

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