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(영문) 의정부지방법원고양지원 2013.02.20 2012가합4558
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 324,550,00 and the interest rate thereon from May 18, 2012 to the date of full payment.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 3, Gap evidence 5-3, Gap evidence 6, Eul evidence 11, Eul evidence 8, the party's personal examination result against the plaintiff, the whole purport of the arguments:

Defendant C is the Plaintiff’s higher-ranking relationship, and Defendant C is the husband of Defendant C, and the Defendants completed business registration under the name of Defendant C, and operated a bank under the trade name of Defendant C.

B. On March 17, 2004, the Plaintiff respectively lent KRW 120,000,000 to Defendant C, and KRW 180,00,000 to Defendant B on March 26, 2004.

(1) The defendant asserts that the above KRW 300,000,000 paid to the defendant Eul for the purpose of investing in real estate in the business with the defendant Eul. Of the above KRW 300,000,000, the above KRW 150,000 paid out of the above KRW 300,000 as the purchase price for each land E or F at the time of so-called purchase under the defendant Eul's leading purchase of the plaintiff's name. However, as seen in paragraph (c) above, the defendants' funds were not entirely invested in the above G land purchase, and their names were owned solely by the plaintiff, and as seen in paragraph (d) below, it is difficult to view that the plaintiff loaned the above amount corresponding to the above G land purchase price to the defendant Eul again on April 28, 200, the plaintiff did not have invested in the defendant Eul, and there is no evidence to acknowledge the remainder of the purchase price for the above G land in the name of 300,000,000.

Defendant B paid KRW 150,00,000 out of the above money as the purchase price for each land E or F in the case of strike where Defendant B led and led the Plaintiff to purchase.

Defendant B is of the above KRW 300,000,000.

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