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(영문) 서울동부지방법원 2020.07.16 2019가합100811
대여금
Text

1. The plaintiff's primary and conjunctive claims and the plaintiff's claims against the defendant C and E are all dismissed.

2...

Reasons

1. Basic facts

A. Among the plaintiffs and the defendant D, C, and E, the following two loan certificates (hereinafter “each of the loan certificates of this case”) were drawn up. Among them, the loan certificates drawn up between the plaintiff A and the defendant D, and E were drawn up by the defendant F with the consent of the defendant D and E.

The indication of real estate of KRW 500,00,000 per day of loan certificate: D surety at Yangyang-si, and H borrower: The indication of real estate of KRW 500,000 per day of loan certificate A on October 27, 2016: G at Yangyang-si, and H borrower: C surety on October 24, 2016.

B. With respect to the amount of 241 square meters in GJ and H large 254 square meters in Nam-si, Namyang-si, where Defendant C and D owned one-half shares, the registration of the establishment of the right to collateral security, which is the debtor D, mortgagee A, the maximum debt amount of KRW 500,000,000, and the registration of the establishment of the right to collateral security, which is the debtor D, the mortgagee A, the maximum debt amount of KRW 800,000,00, was completed respectively, under Article 2719 of the receipt of January 10, 2017.

C. Of KRW 1,441,00,000 deposited in the I’s account from September 19, 2016 to June 29, 2017 (hereinafter “instant loan”), the money transferred from the Plaintiff’s account under the Plaintiff’s name is KRW 364,00,000 for the money transferred from the Plaintiff’s account under the Plaintiff’s name; KRW 200,000 for the money transferred from the J’s account; KRW 847,00,000 for the money transferred from the J’s account; and KRW 30,000,00 for the money transferred from the K’s account under the name of the Plaintiff’s name.

Plaintiff

On June 1, 2018, A and Defendant E drafted a letter of commitment to the effect that “The Parties terminate all their investment relations as of June 1, 2018, and agree to agree to KRW 450,000,000, and will no longer take all civil and criminal responsibilities if they fail to fulfill,” and accordingly, Defendant E drafted from the account under the name of Defendant E to the account under the name of Plaintiff A for KRW 13,00,000,000, from July 13, 2018 to the account under the name of Plaintiff A for KRW 17,00,000,000,000 from the account under the name of the Plaintiff to the account under the name of the Plaintiff on August 28, 2018, respectively.

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