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(영문) 광주지방법원 2017.08.16 2016가단46319
대여금
Text

1. As to Defendant B’s KRW 93,231,706 and KRW 231,706 among them, Defendant B’s remaining KRW 93,00 from April 28, 2016 and KRW 93,00.

Reasons

1. As to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

B. Defendant B acknowledged all of the Plaintiff’s claims against Defendant B on the first date for pleading.

2. As to the claim against the defendant C

A. (i) The Defendants are pregnant and female.

Shed Defendant B operated the “D”, an entertainment drinking house under the name of Defendant C.

The plaintiff became aware of the defendant B as a customer of D around 2004, and has lent money to the defendant B from January 2005.

On October 17, 2005, the Plaintiff registered his business in his name with respect to D operated by Defendant B, which was closed on August 3, 2009.

(B) On May 30, 2006, Defendant B (“Defendant B”) set the loan amount of KRW 93,00,000, interest amount of KRW 300,000, and the due date of payment on May 30, 2007, as the Plaintiff at the time of settling the loan amount of KRW 93,00,00 in connection with the operation of D. The borrower set the loan certificate (Evidence 2, hereinafter “the loan certificate of this case”) whereby the Defendant C and the joint guarantor were Defendant B.

The following pages of the loan certificate of this case are bound by the defendants' identification card (No. 9). The back of the loan certificate and the front of the copy of the identification card are affixed with the seals of the defendants.

x) The Plaintiff received a certified copy of the Defendant’s resident registration issued on the same date as the Defendant’s certificate of the personal seal impression issued by his agent on December 28, 2004 from Defendant B.

(A) The Plaintiff’s name was deposited in the Plaintiff’s account from May 2010 to April 27, 2016, and the said money was appropriated for the Plaintiff’s loan to Defendant B (a loan based on the instant loan certificate and the loan accrued prior thereto).

⑹ 한편, D의 영업장이 있는 건물에 관하여 2005. 5. 5. 피고 C를 임차인으로 한 임대차계약서(보증금 20,000,000원)가 작성되었고, 피고 B는...

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