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Reasons
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(영문) 서울동부지방법원 2018.01.09 2016가단27819
양수금
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1. Defendant C’s KRW 61,771,528 as well as its annual 5% from October 13, 2016 to January 9, 2018, and the next day.

Reasons

1. Facts of recognition;

A. D transferred the same amount as the amount entered in the attached deposit statement to E and B account, and as of September 21, 2005, the sum of KRW 29,800,000 on September 22, 2005 and September 22, 2005, determined and lent KRW 34,340,000 per annum to Defendant C at 24% per annum (hereinafter “first loan”). From July 5, 2006 to March 5, 2008, the sum of KRW 34,340,000 per annum was set and lent as 24% per annum.

(hereinafter referred to as "second loan"). (b)

Defendant B, on September 21, 2005, issued to D 30,000 won at par value, September 21, 2005 the issue date, September 21, 2005, the place of issue, the place of payment, the Seoul Special Metropolitan City, the date of September 21, 2006, the date of payment, and the Promissory Notes (hereinafter “ Promissory Notes”) as indicated on September 21, 2006, and entered into a notarial deed on September 21, 2005 as No. 1266 at the same time with a notary public on September 21, 2005. The Defendants, on March 3, 2008, issued to D a notarial deed with a face value of 32,00,000,000 won at face value, and on March 3, 2008, the issue date, the place of payment, and the place of payment, and the place of payment, and the date of payment.

C. On May 30, 2016 and November 16, 2017, D transferred the Plaintiff’s claim KRW 62,000,000 out of the loans 1, 2,000, and notified the Defendants on the same day. On the same day, D’s notice of assignment of the claim reached the Defendants by serving the documents and accompanying documents of the instant lawsuit at that time or by serving the documents of the instant case.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, 9, 18, and 19 and the purport of the whole pleadings

2. The plaintiff's assertion

A. D contains the amount loaned to the Defendants at Defendant C’s request, and the amount of the first loan also includes the amount of the first loan. The Plaintiff’s assertion includes the assertion that D lent the first loan to all the Defendants. The Plaintiff’s assertion includes the assertion that D lent the first loan to all the Defendants.

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