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(영문) 전주지방법원 2017.02.09 2015나4927
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

1. Basic facts

A. A. On June 8, 2012, the Plaintiff was ordered to pay KRW 4,00,000 to the Defendant’s ASEAN as the repair cost for the Ecafeteria located in the Jeonbuk-gun, Jeonju District Court 2012Hu278 on September 7, 2012, on the ground that the Plaintiff leased KRW 4,00,000 to the Defendant’s ASEAN, the payment order was finalized on September 7, 2012.

(hereinafter referred to as “the first payment order”). B.

On August 17, 2011, the Plaintiff’s husband F was ordered to pay KRW 2,00,000,000, out of the down payment paid by the Defendant’s son G to purchase H car owned by G, by the Jeonju District Court 201Da279, the payment order was finalized on September 13, 2012.

(hereinafter referred to as "the second payment order").

On May 6, 2013, the Plaintiff: (a) decided to purchase the corporeal movables owned by C from the Plaintiff in the amount of KRW 1,684,000 for the said corporeal movables; and (b) did not pay the price, upon receipt of a payment order issued by the Jeonju District Court 2014j. 1, the said payment order became final and conclusive on January 24, 2014.

(hereinafter referred to as “third payment order”) D.

On August 26, 2013, the Plaintiff: (a) filed an application for compulsory auction of real estate (hereinafter “application for compulsory auction of this case”); (b) on April 23, 2014, the Defendant transferred KRW 5,000,000 to F on the same day; and (c) drafted a loan certificate and a written confirmation (hereinafter “instant loan certificate”) as follows.

1. Loans: One million won or less;

2. The aforementioned borrowed money was borrowed on April 23, 2014 and paid by December 31, 2014.

3.The interest shall be one point five percent (1.5%) per month.

4. To keep the date of borrowing.

E. On May 9, 2014, the Plaintiff accepted a written withdrawal of an application for compulsory auction of real estate with the following content.

The first creditor (Plaintiff) of the Jeonju District Court's branch court's branch court's branch court's branch court's branch court's first creditor shall be five million won out of the claimed amount by debtor (C).

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