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(영문) 대구지방법원 2016.10.28 2015가단5962
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant C began living together from March 2006 to October 2006, and Defendant B and Defendant D are children of Defendant C.

B. On June 20, 2007, Defendant B borrowed dental treatment expenses from the Plaintiff and asked the Plaintiff to pay back the amount borrowed from the Plaintiff. From now on, Defendant B sent to the Plaintiff a letter that “I would be able to borrow the amount of the dental treatment expenses,” and then borrowed the amount of the monthly payment from the Plaintiff on August 2, 2007, and “I would like to pay back the amount of the insurance expenses if I would like to pay the amount of the insurance expenses, either KRW 10,000 per month or KRW 150,00 per month.” After that, Defendant B sent the Plaintiff a letter that I would pay the amount of the money borrowed from the Plaintiff by borrowing the travel expenses and Leson’s expense.

C. The Plaintiff holds a loan certificate in the name of the Defendants (A No. 1; hereinafter “the loan certificate in this case”) entered as “30 March 30, 2008.” The above loan certificate contains the following: “The Plaintiff shall pay 50% of the interest rate per month from July 1, 2009 to June 30, 2012 (3 years from July 1, 2009 to June 30, 2012). The Plaintiff’s name and address (CF) is the Plaintiff’s name and address (No. 201 of the Dong-gu E201), Defendant B’s name and address, etc. are stated in the obligor column, and the name and address of Defendant C and Defendant D are stated in the guarantor column.

In addition, the seals and seals of both the plaintiff and the defendants are affixed to each name.

The above loan certificate shall be accompanied by the four documents, with the following relevant contents written in the table: "amount used in the year 2006", "total amount of the registration fee", "total amount used", "amount deducted", "amount borrowed", and "amount used in the year 2007".

Of them, the term “enrolled” means 4,231,000 “17,500” of January 1, 2007, “4,231,000 for 2 semester 4,231,00.

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