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(영문) 의정부지방법원고양지원 2013.11.15 2012가합10560
대여금 등
Text

1. Defendant E:

A. As to Plaintiff A’s KRW 150,000,000 and its KRW 20,000 among them, from September 9, 2010 to 120,000.

Reasons

1. Basic facts

A. The Plaintiffs and Defendant E-related Plaintiffs operated G, which is a supplier of building materials and hardwares, and Plaintiff B is Plaintiff A’s children, and Plaintiff D had a transaction relationship with Defendant E, who is currently operating the said G, with the trade name of H, including supply of building materials.

B. (1) Defendant E was indicted for a criminal case (the omission of the name of a crime) around April 2010 and was detained at that time (the appeal of Defendant E was dismissed and the appeal of the prosecutor was dismissed and the judgment of innocence was finalized as is), and on September 9, 2010, Plaintiff A lent each of the above money to Defendant E by means of remitting KRW 20,000,000 as attorney fees to the law firm I in charge of the above criminal case defense of Defendant E as of September 9, 201. On November 15, 2011, Defendant E lent each of the above money to Defendant E without fixing the interest and the due date for payment.

(2) In addition, on January 31, 201, Plaintiff A lent KRW 120,000,000 to Defendant E without setting the interest and the due date.

C. The Plaintiff B supplied the building materials to Defendant E from August 2002 to May 2010, but Defendant E did not pay the price of KRW 108,932,650 among them. On June 25, 2010, Defendant E loaned KRW 70,000,000 to Defendant E, and written a written agreement with the Justice Justice who represented Defendant E with the following contents:

(A) No. 7; hereinafter “instant Agreement”). 1. Defendant E bears the obligation of KRW 110,000,000 for the goods to be borne by the Plaintiff with respect to the Plaintiff, and Defendant E borrowed KRW 70,000,000 from Plaintiff B on June 25, 2010.

2. The maximum debt amount shall be KRW 230,00,000 against the defendant E-owned in order to secure the payment of the above goods and the loan obligation.

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