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(영문) 대구지방법원 2016.11.09 2016가단106626
대여금
Text

1. Defendant D’s KRW 42,450,00 for Plaintiff A, KRW 25,00,00 for Plaintiff B, and KRW 19,50,00 for Plaintiff C and each of the above.

Reasons

1. On February 20, 2016, Defendant D written confirmation to the effect that Defendant D borrowed a total of KRW 42,450,000 from Plaintiff A, and KRW 25,00,000 from Plaintiff B, and KRW 16,00,000, KRW 3,500,000 from Plaintiff C, and KRW 19,50,000 from Plaintiff C (hereinafter “instant confirmation”).

Defendant D and Defendant E, as married couple, affixed their seals. Defendant D and Defendant E are F apartment 113 Dong 105 (hereinafter “instant apartment”).

On July 27, 2015, a lease agreement was concluded between a lessor G and Defendant D with the lease deposit amounting to KRW 130,000,000, and the lessee of the said lease agreement was changed from Defendant D to Defendant E. [The fact that there is no dispute over the grounds for recognition, Gap’s evidence Nos. 1 and 2, and Eul’s evidence Nos. 3, and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The plaintiffs' assertion (1) The defendant Eul borrowed a sum of KRW 42,450,00,000 from the plaintiff Eul, and KRW 25,00,000 from the plaintiff Eul, and KRW 16,50,000 from the plaintiff Eul, and KRW 19,50,000 from the plaintiff Eul. Accordingly, the defendant Eul is liable to pay the above amount to the plaintiffs. (2) The defendant Eul was detained on the crime of injury caused by the defendant Eul when the defendant Eul suffered from the defendant Eul. In order to prepare the criminal agreement for the defendant Eul, the defendant Eul concluded a lease agreement with the non-party J on the real estate (Article 102, 203, 100,000,000, which was received from the J.

Defendant D entered into a lease agreement with respect to the instant apartment, and paid the lease deposit with the above criminal agreement amount received from Defendant E.

However, in order to escape compulsory execution against the claim for the return of the above lease deposit, which is the only property of Defendant D based on each of the above loan claims of the plaintiffs, Defendant D, who is the husband, from Defendant D to Defendant E.

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