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(영문) 대전지방법원 2017.07.19 2016가합106333
약정금
Text

1. The Defendants shall be jointly and severally liable:

A. As to KRW 180,000,000 among the Plaintiff A and KRW 150,000,000 among them:

B. The plaintiff.

Reasons

1. Basic facts

A. Around January 17, 2004, Plaintiff A lent KRW 150 million to Defendant D.

Plaintiff

A demanded the repayment of the above loan to Defendant D, and around 2006, Defendant C prepared and delivered a loan certificate (Evidence A 2) stating that it borrowed KRW 150 million from Plaintiff A from Plaintiff A.

Defendant C is the husband of Defendant D.

B. The above A.

While Defendant C’s debt amounting to KRW 150,00,000 for Defendant C’s debt amounting to KRW 150,000,000 due to the same circumstance as that of the foregoing paragraph remains, Plaintiff B, who is the Plaintiff’s wife, remitted each of the money to the E’s account (hereinafter “E account”) in the name of E, which is his/her father.

Of the money remitted to E account, KRW 50 million is a loan name, and KRW 1.25 million is a money in the name of the registration cost.

The loan certificate

1. Amount borrowed: 20 million won (1) interest shall be paid as 40 million won per 20% of the above borrowed amount;

(2) The repayment of the principal and interest above shall be made as follows.

- Method of Repayment -

2. The above borrowed amount and interest shall be the first installment of the loan principal and interest of KRW 240 million,00,000,000,000,000 for the remaining purchase and sale of the above condominium, which are currently owned by the debtor (hereinafter “instant condominium”) and the first floor and second floor, 8, 9, 1, 2, 10, 100,000,000,000 won for the loan and interest of KRW 75,60,000,000,000,000,000 won, which are currently owned by the debtor (hereinafter “instant condominium”).

C. Upon Plaintiff A’s demand for a definite answer as to when the loan would be repaid to Defendant C, Defendant C prepared and issued the loan certificate (Evidence A No. 4, hereinafter “the loan certificate of this case”) with the following contents on January 31, 201.

In the loan page of this case, Defendant C signed and sealed the loan page, and Defendant D signed on the left side column.

Defendant C is entitled to the Plaintiffs.

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