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(영문) 수원지방법원안양지원 2020.01.10 2019가단106482
대여금
Text

1. The Defendants are jointly and severally liable to Plaintiff A for KRW 15,00,000, and each of them is KRW 10,000,000 and KRW 10,000 for Plaintiff B and C.

Reasons

1. Basic facts

A. Plaintiff A is the F’s spouse, Plaintiff B and C are the children of Plaintiff A and F, Defendant E is the same children of F, and Defendant D is the spouse of Defendant E.

B. On November 2, 2007, F made a loan of KRW 35,000,000 to the Defendants on April 30, 2008 at maturity and twenty-four percent per annum (hereinafter “loan on November 2, 2007”).

C. On November 6, 2008, an attorney G prepared a receipt stating that "2,00,000 won per day, case name partition, and the above amount shall be paid in full with attorney's fees" (hereinafter "the receipt of this case") to Defendant E.

As F (hereinafter “the deceased”) died on February 2, 2009, the Plaintiffs succeeded to F’s claims against the Defendants respectively.

E. On November 12, 2012, the Plaintiffs: (a) on November 12, 2012, the Plaintiff’s claim amounting to KRW 35,000,000 in the amount of KRW 35,000,00 in the provisional attachment, which is the amount of claim on the 2nd floor of Hanan-gu, Manan-gu, Manan-gu, and the 1746m2 square meters in Gangnam-si

(f) On March 21, 2019, Defendant D deposited KRW 35,00,00 as Seoul Central District Court No. 6927, 2019, and as a result, the provisional attachment of this case was cancelled on March 29, 2019. [Grounds for recognition] The entries in the evidence Nos. 1 through 4, 6, and 8, and the purport of the entire pleadings (the Defendant asserts that the part of the interest agreement among the evidence No. 4 (certificate of cash car) was forged.

However, comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 4 and 11, the part of the interest agreement among the evidence No. 4 (cash loan certificate) is sufficiently recognized. Thus, the defendants' above assertion is without merit.

A person shall be appointed.

2. Determination

A. On November 2, 2007, the part concerning the claim for a loan as of November 2, 2007, 1) the gist of the plaintiffs' assertion is as follows: (a) on November 2, 2007, the Deceased lent KRW 35,00,000 to the Defendants on April 30, 2008, and interest rate of 24%; (b) the Defendants jointly and severally agreed to the Plaintiff, the spouse of the Deceased, KRW 15,000,000, 35,000,000 to the Plaintiff who is the deceased’s spouse x.

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