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(영문) 수원지방법원성남지원 2016.10.12 2015가단26336
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and the Defendants B from July 21, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The plaintiff is the spouse of D, and the defendants are the co-ownership relationship, and defendant C is the co-ownership of defendant B.

Defendant B traded money over several years with D and jointly operated the business.

B. Defendant C purchased 1/2 shares (hereinafter “instant real estate”) among the 4,909 square meters of forest land E (the size was reduced to 2,642 square meters after this division) in Young-gu, Young-gu, G, and completed the registration of ownership transfer on July 17, 2012. Defendant B, while having Defendant B implement development projects on the instant real estate, received his seal impression, personal seal impression, identification card, etc. to promote development projects, such as authorization, permission procedures, etc.

C. Upon Defendant B’s request, D remitted KRW 20,00,000 from his bank account to Defendant B’s bank account in his name on September 6, 2012, and KRW 16,000,000 on September 10, 2012, and remitted KRW 20,000,000 to F bank account in his name on September 21, 2012.

On September 20, 2012, Defendant B issued to the Plaintiff and D a loan certificate stating the following:

The above loan certificate contains the name of Defendant B and joint and several sureties in the borrower column, and the name of Defendant B and the seal impression of Defendant C are affixed to each name. The above loan certificate is accompanied by the seal impression of Defendant C.

(hereinafter “the instant loan”). In borrowing KRW 100,000,000 on September 6, 2012, KRW 24,000,000 on the deposit basis, and KRW 14,00,000 on September 10, 2012 (which appears to be a clerical error in KRW 16,00,000) were deposited, and KRW 60,000,000 on deposit as well as on deposit basis on September 20, 2012, the collateral security is set up in order with priority on the C equity goods of the instant real estate owner.

The payment date of KRW 100,00,000 shall be until November 20, 2012, and interest settlement shall be settled at KRW 6,50,000, and when the repayment is known within the payment date, the secured articles may be disposed of voluntarily and shall be held liable for civil and criminal liability.

With respect to the instant real estate, September 2012.

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