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(영문) 인천지방법원 2015.12.23 2014가합11587
청구이의
Text

1. The Defendant’s KRW 62,052,96 for the Plaintiff and KRW 5% per annum from August 20, 2015 to December 23, 2015, and the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and C were married, but they were divorced around July 2012, and D were children of C.

B. The Defendant lent KRW 16,060,000 in total to D and C over 23 occasions from December 23, 201 to March 6, 2013, as indicated in the separate sheet (hereinafter “instant monetary loan agreement”); and C, around May 30, 2012, borrowed KRW 40,000 and around June 30, 2012, around KRW 15,000,000, as stated in the separate sheet, was written by the Plaintiff’s name and affixed the Plaintiff’s seal impression.

C. From January 25, 2012 to February 28, 2013, the Defendant received only KRW 15,070,000 from D and C over 12 occasions as shown in the separate sheet.

The Defendant, as the principal obligor of the monetary loan agreement of this case, D, D, and C, the Plaintiff is a joint and several surety for the above loan debt, and the Plaintiff is jointly and severally liable to pay KRW 100,900,000 for outstanding loan loan to the Defendant, and the payment order of this case from the Incheon District Court on December 10, 2013 (hereinafter “instant payment order”) includes the content that the Defendant seeks the return of the lease deposit against D, but it is irrelevant to the instant case, and thus did not separately state the content thereof.

(2) the Corporation has received the

(The loans and lease deposit money case No. 2013j. 13508). (e)

On May 27, 2015, the Defendant drafted a distribution schedule that the Defendant received KRW 100,194,136 from the Plaintiff, on the title of the instant payment order, for a compulsory auction procedure against the land of Seo-gu Incheon, Incheon (hereinafter “instant land”) and buildings owned by D (hereinafter “instant building”) and the third floor size of its ground.

F. The Defendant’s dividend amount of KRW 100,194,136 is KRW 38,141,140 for the instant building.

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