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(영문) 제주지방법원 2015.05.14 2014가합3111
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 205,000,000 and the interest rate thereon from August 15, 2004 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B and Defendant C have been engaged in monetary transactions between the Plaintiff and the Plaintiff, such as borrowing and guaranteeing several times of money from around 2003 as marital relations.

B. On August 15, 2004, Defendant B estimated the amount of debt to the Plaintiff at approximately KRW 250,000,000 for the settlement of the existing debts (the amount shall be determined by mutual agreement between the parties after the delay) and the total of KRW 30,00,000 in the order of May 2004; KRW 280,000,000 in interest; and KRW 30,000 or KRW 40,00 in the above total of KRW 280,000 or KRW 280,000 in interest; and KRW 67,00,000 or KRW 10,00 in total) until November 10, 204, the confirmation document was issued by the Defendant C as to the above obligation by December 31, 2005 (hereinafter “joint and several surety”).

C. On December 7, 2005, Defendant B transferred to the Plaintiff the claim amounting to KRW 30,000,000 against Defendant B’s D.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 2, purport of the whole pleadings

2. The assertion and judgment

A. On November 29, 2003, the Plaintiff asserted that the amount of KRW 300 million (including KRW 30,000,000) loans lent to Defendant C on November 29, 2003 and the amount of KRW 280,00,000 on the instant confirmation document is the amount confirmed by the Plaintiff and the Defendant C out of the above loans. 2) The judgment was examined, and the evidence No. 3-1 through 8 of the evidence No. 3, the Plaintiff made monetary transactions between the Plaintiff and the Defendants prior to the preparation of the instant confirmation document, as follows.

D. The amount of KRW 10,00,000 on April 2, 2003 as the guarantor (joint and several) and KRW 25,00,00,000 on July 21, 2003, G CB of KRW 10,000 on August 23, 2003, H C and F C of KRW 10,00,000 on August 10, 203, 200, and KRW 10,000 on August 19, 200, and KRW 10,000 on August 19, 200, and KRW 70,000 on February 10, 204, C of KRW 10,000 on KRW 30,00 on February 17, 200, G of KRW 100,00 on KRW 30,00 on July 30, 204, and other 301.

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