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(영문) 창원지방법원 2017.02.09 2016가합53824
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The network D and the Defendant’s monetary transaction 1) network D (hereinafter “the network”).

On October 30, 2009, the Defendant lent KRW 100 million to E with interest rate 2.5% and due date on June 30, 2010. The Defendant jointly and severally guaranteed the above loan obligations of E Co., Ltd. (2) The Deceased lent KRW 50,000 to the Defendant, with interest rate 2% on December 22, 2009 and due date 2% on August 31, 2010, and KRW 1.5% on February 1, 2010 and due date 8,00 won on December 31, 2010.

3) On June 30, 2010, the Deceased loaned KRW 80,000,000 to the Defendant on December 31, 2010, with interest rate of KRW 2% and due date of payment of KRW 30,000,000,000, which was remaining after deducting interest rate of KRW 20,200,000 (which was paid in KRW 5,98

(4) On November 10, 2010, the Deceased lent KRW 50 million to the Defendant at the rate of 2% per month without setting the due date.

(The amount of 46 million won, which is the remaining amount after deducting the interest of existing loans, was paid. (b)

1) On February 5, 2013, the deceased applied for a payment order for KRW 260,000 to the Defendant as the other party to the loan (the Changwon District Court Decision 2013 tea398), and the above court issued a payment order accepting the above application on February 6, 2013. The above payment order became final and conclusive on February 23, 2013. 2) On March 6, 2013, the deceased was issued a claim amount for the Defendant’s claim against F with KRW 150,000 for the Defendant’s claim amount based on the original copy of the above payment order (the Changwon District Court Decision 2013Ma2210), and the above assignment order became final and conclusive around that time.

C. 1) On May 15, 2015, the Deceased and the Defendant drafted the following agreements with the Defendant (hereinafter “instant agreements”).

1. The defendant should pay a total of KRW 25,00,000 to the deceased.

10,000,000 won on May 15, 2015, and KRW 7,500,000 on June 15, 2015, and KRW 7,500 on July 10, 2015.

2. If the Deceased received KRW 10,000,000 on May 15, 2015, he/she shall be paid KRW 1,000 on the G, Gyeong-gun, Gyeongnam-gun, and one parcel.

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