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1. Plaintiff 1, among the parts against Defendant C in the judgment of the court of first instance, falls under the following amount:
Reasons
1. The scope of this Court’s adjudication (the portion of the claim against Defendant B) at the first instance trial, the Plaintiff sought a confirmation of KRW 20 million and KRW 1.82 million on April 28, 2014 of the loan granted based on the loan certificate to Defendant B. The court of first instance rejected the part of the loan amounting to KRW 1.82 million upon the loan certificate upon the Plaintiff’s request.
However, since only the Plaintiff appealed against the above judgment, the scope of the judgment of this court among the Plaintiff’s claims against Defendant B is limited to KRW 1820,000,000.
2. Basic facts
A. On April 28, 2014 between the Plaintiff and Defendant B, a certificate of borrowing stating “this million won, the due date for payment, December 30, 2015, interest 2.7%, and before and after this time, the certificate of borrowing will be null and void. Only the above certificate of borrowing will be recognized.” (hereinafter “certificate of borrowing”).
B. From April 201, Defendant B run a singinging business with a trade name from the first floor of Ulsandong-gu E (hereinafter “instant singing room”), and Defendant B borrowed money, house rent, living cost, etc. necessary for singing business from the Plaintiff as occasion arises.
C. Around July 2011, Defendant B directly leased the above first floor to operate the instant singing room. Around that time, Defendant C received a loan from a company where Defendant C had been living together, and entered into a contract to lease the above first floor with G on July 1, 201 to KRW 10 million, monthly rent, and KRW 45 million with the former lessee.
Upon closure of the instant singinging business, Defendant C returned KRW 10 million from G on June 20, 2014, and received KRW 45 million from the new lessee I. D.
The Defendants were legally married on February 14, 2014 and divorced on July 7, 2014.
E. On September 1, 2014, Defendant B filed an application for individual rehabilitation with the Ulsan District Court No. 2014 Congress 19640, and the Plaintiff’s claim KRW 20,000,000 on the list of individual rehabilitation creditors.