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(영문) 대전지방법원공주지원 2019.03.07 2018가단823
대여금
Text

1. The Defendant’s KRW 200,000,000 for the Plaintiff and the following: 5% per annum from December 31, 2013 to April 4, 2018.

Reasons

1. The parties' assertion

A. The Plaintiff’s husband C had a claim of KRW 262,797,783 against D (hereinafter “D”) operated by the Defendant or a limited partnership company run by the Defendant. On January 31, 2012, the Defendant drafted an agreement to pay KRW 200 million out of the above claim amount (Evidence A (hereinafter “instant agreement”) and a loan certificate (Evidence A 9-1) that borrowed KRW 60 million from the Plaintiff.

After that, the Plaintiff received reimbursement through a voluntary auction on the apartment of the Defendant’s wife E, but did not receive any claim under the instant agreement.

As such, the Plaintiff is deemed to have formed an indivisible claim relationship with C through the instant agreement, the Defendant is obligated to pay to the Plaintiff KRW 200 million as provided for in the instant agreement and damages for delay thereof.

B. The Defendant received joint and several sureties from pro-friendly job offering C while running the Defendant D, and thereafter, D exercised the right to indemnity against C, a joint and several sureties, which is the joint and several sureties, and C paid for KRW 55 million by subrogation and decided to set up a right to collateral security on the real estate in the name of the Defendant in the name of the Plaintiff, while paying for the amount of KRW 55 million, and at the time, the Plaintiff, etc., who should prepare for the case where the amount of subrogation is not repaid in full as the proceeds of the sale of the above real estate, made intimidation and reconscilate the Defendant

However, in fact, the Defendant did not bear the obligation of KRW 200 million against the Plaintiff or C as stated in the instant agreement, so there is no reason for the Defendant to pay it to the Plaintiff.

2. Determination

A. As long as the formation of a disposal document is recognized as authentic, the court shall have the existence and content of its declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable counter-proof that denies the contents of the statement.

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