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(영문) 의정부지방법원 2017.07.12 2016가단130240
대여금
Text

1. Defendant B Co., Ltd. and D jointly and severally with the Plaintiff KRW 180,00,000,000, and those related thereto, from September 22, 2016 to April 17, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is an E's outer father and wife.

E died on December 7, 2016, and the Plaintiff solely inherited E (hereinafter referred to as “the deceased”).

Defendant C is the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and Defendant D is a middle enterprise.

B. On April 29, 2015, the Deceaseds of the first loan credit transferred KRW 140 million to Defendant C and D on April 29, 2015.

In this regard, Defendant C and D prepared and delivered “the tea certificate” (hereinafter “the loan certificate of this case”) stating that “The Defendant C” (a construction business operator) promised to borrow KRW 140,000,000 from the Deceased to the Deceased and pay KRW 140,000,000 in the order of priority after completion.

C. On May 27, 2015, the Deceaseds of the second loan credit transferred KRW 140 million to Defendant Company to lend the said loan credit, and Defendant D guaranteed the said debt owed by Defendant Company.

In this regard, on June 27, 2015, the Defendant Company: (a) drafted and delivered “the loan certificate of this case” (hereinafter “the loan certificate of this case”) stating the following: (b) Defendant D borrowed KRW 140 million from the deceased and promised to repay the loan immediately after the completion of the loan of the Bank at Scheon-si; and (c) Defendant D promised to do so.

After that, on April 28, 2016, the Deceased received KRW 100 million from the Defendant Company out of the secondary loan claims.

E. On April 28, 2016, the Defendant Company: (a) prepared and delivered to the Deceased a promissory note stating that “after the completion of H’s real estate construction, the remainder of KRW 180 million out of the rent of KRW 280 million (hereinafter “instant promissory note”); (b) borrowed KRW 180 million from the Plaintiff on July 20, 2016; and (c) borrowed the said borrowed amount of KRW 180 million from the Plaintiff on July 20, 2016, the said borrowed amount of KRW 671 square meters or less in H-based forest land.”

commitment to reimburse after completion of the above-ground building.

Provided, That the above borrowed money was loaned by the deceased, who was the plaintiff's father, by acquiring the claim.

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