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(영문) 부산지방법원 2015.12.10 2014나19667
대여금
Text

1.(a)

Of the judgment of the first instance, the part against the plaintiff against the defendant C who is ordered to pay in the following manner:

Reasons

1. The following facts are found either in dispute between the parties or in full view of the entries in Gap 1, 2, 8, and Eul 1 and the purport of the entire arguments.

A. Defendant B and C are married, and Defendant D are female students of Defendant C.

B. On May 10, 2012, the debtor, as of June 10, 2012, the Defendant B, the 30 million won of the loan, and the repayment date, as of June 10, 2012, the certificate of borrowing (a evidence No. 1; hereinafter “the loan certificate of this case”) was prepared, and the Plaintiff’s passbook was remitted from the Plaintiff’s passbook to the head of the Tong 27 million won on the same day.

C. On June 21, 2012, the Plaintiff remitted KRW 5 million to Defendant D.

Based on the evidence No. 1, the Plaintiff filed a lawsuit against Defendant B seeking payment of the remainder of KRW 20 million after deducting the remainder of KRW 10 million, which he/she recognized as having received the reimbursement of KRW 30 million on the loan certificate of this case from Defendant B (Seoul District Court 2013 Ghana25064).

The plaintiff won in the court of first instance, but at the appellate court (Seoul District Court 2013Na13778) the defendant Eul repaid the plaintiff's agent E with the amount of KRW 20 million on February 12, 2014, which became final and conclusive around that time.

(2) On May 10, 2012, the Plaintiff: (a) heard from E the horses that “Defendant C, who carries on a new manufacturing business, is not adequate to finance”; and (b) obtained the instant loan certificate from Defendant C, the wife of Defendant C, and thereafter lent KRW 27 million to Defendant B, deducting the amount of KRW 3 million from the pre-paid interest and KRW 3 million on May 10, 2012.

(1) On June 21, 2012, Defendant C, upon receipt of the loan, found the Plaintiff on June 21, 2012, and “the Defendant jointly engaged in a new manufacturing business,” and “the Defendant is expected to enter into the new manufacturing industry as soon as the new generation occurred.” The phrase “A loan repayment period of KRW 5 million shall be extended for a period of four months and the additional five million loan shall be extended,” and the Plaintiff consented to the loan and agreed to the loan and agreed to the loan amount of KRW 5 million.

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