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(영문) 춘천지방법원속초지원 2017.11.07 2016가단426
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 25,00,000 and the interest rate thereon from May 10, 2012 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a member of the fraternity organized by Defendant B (hereinafter “instant fraternity”) around September 201, and Defendant B is the owner of the instant fraternity, and Defendant C is the husband of Defendant B.

B. The instant fraternity was transferred around May 10, 2012 when the Plaintiff was unable to receive the fraternity.

C. On September 15, 2015, Defendant B prepared a letter stating that “Defendant B would pay KRW 20 million, out of KRW 40 million borrowed from the Plaintiff on May 10, 2012, to the Plaintiff until December 30, 2015, and the remainder of KRW 20 million until July 30, 2016,” respectively, to the Plaintiff (see evidence 4 of this case; hereinafter “each letter of this case”).

On September 30, 2015, the Defendants drafted a certificate of loan (see subparagraph (A) with the effect that “Defendant B borrowed KRW 25 million from the Plaintiff on May 10, 2012 under the joint and several guarantee of Defendant C, with the interest rate of KRW 20% per annum, and the due date of payment as of May 10, 2013,” with the date of preparation on May 10, 2012, the Defendants drafted and implemented the certificate of loan (see subparagraph (a) of this case; hereinafter “the instant certificate of loan”).

E. Defendant B was indicted for the first instance case No. 2016Kadan324, Defendant B was sentenced to a suspended sentence of ten years on September 13, 2017. Defendant B was dissatisfied with the above judgment and was currently pending in the appellate trial, and the facts constituting the crime of the above judgment are as shown in the separate sheet.

[Ground of recognition] Gap evidence Nos. 1, Gap evidence Nos. 4, 5, Eul evidence Nos. 1 through 3, and the result of fact-finding on the opening of the court, the purport of the whole pleadings

2. In full view of all the evidence and arguments mentioned in the facts of the basis of judgment as to the cause of the claim and the whole purport of the pleadings, the Plaintiff and Defendant B, instead of the letter of this case, shall settle a kind of quasi-loan for consumption, i.e., the amount of money, interest, etc. that Defendant B is obligated to pay to the Plaintiff as a kind of loan for consumption, i.e., the amount of money, interest, etc. that Defendant B is obligated to pay to the Plaintiff in connection with the instant fraternity, with the Plaintiff, with the interest rate on May 10,

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