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(영문) 서울동부지방법원 2015.09.08 2014가합6983
대여금등
Text

1. Defendant C’s KRW 248,662,00 for the Plaintiff and the Plaintiff’s 5% per annum for September 23, 2014.

Reasons

1. The plaintiff's assertion: (a) from June 1008 to October 2010, the plaintiff lent a total of KRW 250,000,00 to the defendants by remitting 30 times the total of KRW 64,019,000 to the accounts under the name of the defendants E; and (b) the defendants claimed 340,000 Chinese currency loans of KRW 340,000 ( approximately KRW 60,000) to the plaintiff's house as security around June 10, 2009 to pay the above house to the defendants as loans of KRW 340,000,000 to the above Chinese currency loans of KRW 340,000, KRW 3400, KRW 400, KRW 700, KRW 400, KRW 3400, KRW 700, KRW 3400, KRW 400, KRW 7400, KRW 3400, and the remainder of the above funds shall be returned to the defendants.

2. The following facts can be acknowledged in full view of each of the statements and the purport of the whole arguments in Gap evidence Nos. 1, 2, 3, 5, 6, and Gap evidence Nos. 7-1 and 7-2.

From June 11, 2008 to June 30, 2010, the Plaintiff remitted total of KRW 64,019,000 to the E’s account under the name of the Defendants, which is the children of the Defendants.

B. On October 28, 2010, Defendant C prepared a “written confirmation” (Evidence A) stating that “The Plaintiff received an investment of KRW 250,000,000 from the President of B (referring to the Plaintiff) and that “The Plaintiff shall be repaid as after November 7, 2010, and shall be repaid within five months from the latest, and shall be repaid as a result of loan confirmation.”

C. On June 10, 2009, Defendant C borrowed the proposal of 340,000 Chinese People's Republic of China to the Plaintiff. The above amount will be repaid by 50% on July 10, 2009 and 50% on August 10, 2009.

When the undertaking is not fulfilled, civil and criminal.

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