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(영문) 서울중앙지방법원 2015.12.11 2014가합541728
대여금
Text

1.(a)

Plaintiff

A, Defendant C, 1, 420,000,000 won and 180,00,000 won among them, shall be from August 1, 2004 to 174,000.

Reasons

1. Circumstances leading to the dispute of this case;

A. On June 9, 2004, Defendant C made a written confirmation of borrowing that “I, by July 31, 2004, take the promise to borrow the KRW 300,000,000 in daily gold (300,000)” to the deceased E (hereinafter “the Deceased”), and F and Defendant D signed and sealed the said written confirmation as the surety.

B. On June 18, 2004, Defendant C made a written confirmation of borrowing that “I, by August 18, 2004, take the obligation to borrow the daily gold-gu Won (290,000,000 won)” to the Deceased, and F and Defendant D signed and sealed the said written confirmation as the surety.

(hereinafter referred to as “written confirmation of each of the instant loans”) accompanied by the letter of borrowing stated in paragraph (1).

On March 8, 2006, Defendant C prepared a loan certificate with the following contents to the Deceased.

The borrower of the certificate of loan: The loan period of KRW 110,000,000 per day ( KRW 110,000: from March 8, 2006 to May 7, 2006, the borrower shall faithfully perform his/her promise and shall bear any civil or criminal disadvantage at the time of the loan.

The borrower C on March 8, 2006

D. On April 11, 2014, the Deceased died, and his heir is the Plaintiff A and the Plaintiff B, who is his spouse.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. On June 9, 2004, the cause of the plaintiffs' claims ① The Deceased lent KRW 300,000,000 to the defendant C on July 31, 2004 at the due date. The F and the defendant D guaranteed the defendant C's above loan obligation.

② On June 18, 2004, the Deceased lent KRW 290,000,00 to Defendant C with the due date set on August 18, 2004, and the F and Defendant D guaranteed the Defendant C’s above loan obligation.

③ On March 8, 2006, the Deceased lent KRW 110,000,00 to Defendant C as of May 7, 2006.

Defendant C is the principal obligor of each of the above loans and is the inheritor of the deceased.

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