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(영문) 의정부지방법원고양지원 2015.10.21 2014가합53448
대여금
Text

1. As to KRW 159,875,30 among the Plaintiff and KRW 50,00,000, the Defendant shall pay to the Plaintiff KRW 159,875,330. From October 15, 2009 to August 5, 2014.

Reasons

1. Basic facts

A. The plaintiff and the defendant are related persons with internal relations, and the plaintiff have made monetary transactions with the defendant, such as lending money to the defendant.

B. On May 29, 2008, the Plaintiff jointly and severally guaranteed the Defendant’s obligation to borrow KRW 78 million from C, and on August 11, 2008, the Plaintiff issued to C a registration of creation of a mortgage over KRW 100,000,000 won with respect to the maximum debt amount of KRW 470,000,000 to secure the above loan obligation. 2) The Plaintiff, who did not repay the above loan obligation, was delegated by C or C to the Seoul Credit Rating Information Co., Ltd. with the collection of KRW 50,00,000,000 on October 14, 2014; KRW 500,000 on November 23, 2014; KRW 500,000 on November 28, 2014; KRW 500,000 on December 29, 2014; and KRW 575,505,500,005.

C. On October 15, 2009, the Plaintiff borrowed 90 million won from the Plaintiff on October 15, 2009 and issued to the Plaintiff a loan certificate stating that “the Defendant would repay the borrowed principal and its legal interest to the Plaintiff on October 15, 2010” (hereinafter “the instant loan certificate”).

Plaintiff

On July 2012, the Plaintiff used the name credit card in the name of the Plaintiff (hereinafter “the instant credit card”) with the Defendant, and leased the instant credit card to the Defendant under the agreement to pay the settlement amount. From July 2012 to August 2012, the Defendant purchased goods, etc. using the instant credit card or received cash services, and the payment of KRW 11,035,330 was generated.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, 10 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination.

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