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(영문) 수원지방법원성남지원 2017.06.23 2016가합208095
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 19, 2009, the Defendant requested the Defendant to repay the loan to the Plaintiff at the Plaintiff’s mother home located in the original medical center at the original medical center at the original medical center at the time of the Plaintiff’s transfer on December 19, 2009 (hereinafter “instant loan”). Accordingly, on December 19, 2009, the Plaintiff agreed to pay the Defendant the amount of KRW 180,000 out of the loan amount of KRW 180,000 (hereinafter “the loan amount”), until August 2010, the remainder of KRW 80,000,000 from August 20, 201, and the Plaintiff and the Plaintiff’s joint and several liability Plaintiff A paid the loan amount at the rate of KRW 1% per month from January 2010 to the date of full payment (hereinafter “instant agreement”). The Plaintiff and the Plaintiff’s joint and several liability Plaintiff A were the husband of the instant loan.

B. On January 18, 2010, the Plaintiff A and the Defendant entered and withdrawn from the fraternity that Plaintiff A managed and operated as the owner of the instant loan until the Plaintiff fully repaid KRW 180,000,000 (hereinafter “the instant fraternity”) to the Defendant by means of the account in the name of the Defendant. On the other hand, the Defendant did not request the Plaintiff to return KRW 180,000,000 if the account books of the instant fraternity were leaked: Provided, That in the event that the Plaintiff A did not implement the promise by December 2011, the Plaintiff agreed to the effect that the Plaintiff A was subject to seizure and all other legal measures against the Plaintiff.

(hereinafter referred to as “the instant arrangement 2”). C.

Suwon District Court Decision 2010Gahap16027 delivered on November 29, 2010, Plaintiff A failed to comply with the instant repayment agreement. On November 29, 2010, Defendant filed a lawsuit against Plaintiff A and B seeking payment of the borrowed amount of KRW 180,000,000 and delayed payment damages for the borrowed amount of KRW 180,000,000 in Suwon District Court Decision 200, Feb. 24, 2011 in the foregoing case. 2) It is deemed that the instant repayment agreement was true, but the instant borrowed amount of KRW 180,000,000 is 80,000.

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