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(영문) 서울동부지방법원 2014.12.18 2013가합18200
대여금
Text

1. The Defendants jointly and severally against the Plaintiff (Appointeds) A, KRW 202,510,020, and KRW 46,015,520, and the appointed parties D.

Reasons

Basic Facts

The relevant plaintiffs (Appointeds) A (hereinafter referred to as the "Plaintiffs") and the designated parties E are married with their husband and wife, and the designated parties D are the Plaintiff's mother and the Defendant B is the father of the Plaintiff's mother and the designated parties D, and Defendant C is the husband of Defendant B.

The Plaintiff loaned Defendant C with KRW 60,00,000 on April 2, 2004, KRW 70,000,000 on May 4, 2004, KRW 20,000,000 on May 6, 2004, KRW 28,900,000 on September 17, 2004, KRW 40,000 on March 4, 2005, KRW 218,900,00 on a total amount of KRW 60,000 on March 4, 2005 (= KRW 60,000,000 on KRW 20,000,000 on KRW 20,000,000 on KRW 28,900,000 on KRW 900,000 on September 4, 200).

On May 24, 2007, Defendant C agreed to pay KRW 218,900,000 to the Plaintiff on September 24, 2007 at the maturity of payment, interest rate of KRW 1,300,000 per month. Defendant B guaranteed the said payment obligation.

The Appointor D lent a total of KRW 50,000,000 from January 20, 200 to May 24, 2007 to Defendant C.

On May 24, 2007, Defendant C settled the above loan amounting to KRW 48,00,000, and the due date for payment was set at KRW 400,000 on September 24, 2007, and Defendant C agreed to pay the above loan amounting to KRW 400,000 on September 24, 200, and Defendant B jointly and severally guaranteed the above payment obligation.

On September 14, 2007, 2000 won was due and payable to Defendant B on September 14, 2009, and the interest amount was set at KRW 200,000 per month and the Defendant C jointly and severally guaranteed it.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), the purport of the whole pleadings, and the main purport of the defendant C's main defense of the defendant C's main defense had been confirmed by the company's bankruptcy and immunity. Thus, the plaintiff and the selected party D, E (hereinafter "the plaintiff et al.")'s claim against the defendant C against the defendant of the plaintiff and the designated party D, E (hereinafter "the plaintiff et al.") cannot be separately claimed except dividends under the bankruptcy procedure, and the plaintiff et al.'s lawsuit against the defendant C is unlawful.

The whole statements and arguments in the evidence Nos. 1 and 2 shall be made.

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