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(영문) 서울중앙지방법원 2018.10.18 2017가단5187192
대여금
Text

1. As to the Plaintiff A’s KRW 60,00,000 and KRW 10,000 among them, the Defendant shall start from November 19, 2017 to October 18, 2018.

Reasons

1. Basic facts

A. The defendant is the father A's father and the plaintiff B's mother.

B. On October 4, 2007, Plaintiff A remitted KRW 10 million to the Defendant, and Plaintiff B remitted KRW 30 million to the Defendant on January 4, 2008.

C. (1) On September 12, 2007, the Defendant: (a) set the period of repayment as 3% per month and September 11, 2008; and (b) set up a monetary loan agreement with the same content.

② The Defendant, prior to October 10, 2007, remitted to D KRW 20 million, including KRW 10,000,000,000,000,000,000,000,000,000,000 was additionally remitted to D. On November 2, 2007, the Defendant drafted a monetary loan agreement between D and D as of November 2, 2008, with the borrowed principal as of November 8, 2007.

③ On December 28, 2007, the Defendant remitted D KRW 20 million to D, and on January 4, 2008, the Defendant transferred to D.

As described in the subsection, the remittance of KRW 30 million remitted from the Plaintiff B, and on the same day, between D and D, a monetary loan agreement with the amount of KRW 50 million and interest at KRW 3% per month.

B. The defendant

On November 6, 2007, 300,000 won = 10 million won x 0.36 ± 12 (interest calculated at the rate of 3% per month for 10 million won) respectively, and December 4, 2007, respectively, to Plaintiff B deposited KRW 300,00 won on January 4, 2008; KRW 12 million on February 1, 2008; KRW 1.8 million on February 1, 2008; KRW 2 million on KRW 8 million ( KRW 1 million on March 5, 2008; KRW 2.8 million on March 1, 2008; KRW 2.8 million on March 28, 2008; KRW 2 million on August 1, 2008; and KRW 1.6 million on August 28, 200, respectively) 】 0.36,0000 on March 5, 2008

E. The Defendant filed the instant lawsuit against D on December 19, 2017, which was subsequent to the filing of the instant lawsuit by the Plaintiffs, as Seoul Central District Court 2017Gahap5831, supra.

The Defendant seeks to pay the loan on the ground of the claim that the Defendant lent D KRW 212,750,000, including the loan borrowed as stated in the monetary loan agreement.

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