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(영문) 수원지방법원 성남지원 2018.11.30 2018가단220559
대여금 등
Text

1. Defendant B shall pay to the Plaintiff KRW 42,50,000 and the interest rate of KRW 15% per annum from August 18, 2018 to the date of full payment.

Reasons

Basic Facts

- The Plaintiff lent Defendant B a total of KRW 56,00,000,000 on July 15, 2016, and KRW 56,000,000 on July 29, 2016.

- On July 16, 2016, Defendant B borrowed the name of the lessee from D, and leased from E and F, the KRW 40,000,000,000, and the KRW 2,100,000,00,000, of the KRW 195,6,000,000, of the land-based light steel structure neighborhood living facilities G in Suwon-si, Suwon-si (hereinafter “instant restaurant”).

- Defendant B paid KRW 40,000,000,000 borrowed from the Plaintiff to E and F on August 6, 2016.

- Defendant B repaid to the Plaintiff the sum of KRW 13,500,000 from November 19, 2016 to November 12, 2017, to the bank account in the name of D.

- On December 10, 2016, Defendant B transferred the right to lease of the instant lease to Defendant C (hereinafter “instant transfer contract”). On December 10, 2016, Defendant C prepared a lease agreement with E and F on the same deposit and rent as the instant lease agreement, and the deposit was replaced by the lease deposit that Defendant B paid.

- Defendant C terminated the lease agreement on the instant restaurant and received KRW 40,000,000 from E and F around February 2018.

- The Defendants married on December 7, 2001, but divorced on December 16, 201.

[Grounds for recognition] A without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 7, 8, and Eul evidence Nos. 1, Eul evidence Nos. 1, and Eul evidence Nos. 56,00,000 as a whole for the purport of the pleadings, and Defendant B lent 13,50,000 won among them. Defendant B paid 13,50,000 won to the plaintiff. Defendant B paid 42,50,000 won as a remainder of the loan and its corresponding amount after a considerable period of time has elapsed from the date of the loan to the plaintiff, as requested by the plaintiff, it is clear that the copy of the complaint of this case was delivered to the defendant B as of August 18, 2018.

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