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1. Certificates No. 40, 2013, drawn up by the Defendant’s notary public against the Plaintiff on January 15, 2013.
Reasons
1. Basic facts
A. On January 15, 2013, the Plaintiff’s husband C, the Plaintiff, and the Defendant leased KRW 70,000,000 to C on January 15, 2013 by a notary public on a set of KRW 15,00 on April 15, 2013 and 30% per annum (from February 15, 2013 to the due date) between the Plaintiff’s husband C, the Plaintiff, and the Defendant. The Plaintiff drafted a notarial deed of a monetary loan agreement with the Defendant under which the said claim is jointly and severally guaranteed by the Defendant (hereinafter “instant notarial deed”).
B. On the other hand, the plaintiff (the plaintiff's side is limited to the plaintiff's side without distinction below) asked the defendant to find a place where the additional money is to be borrowed. After the plaintiff's request, the plaintiff agreed that the defendant will borrow additional money from D, E, and F (hereinafter "D, etc.") which the defendant introduced, and the defendant would directly receive and transfer the money that the plaintiff intends to borrow from D, etc. to the plaintiff, but the part of the money would be appropriated for the repayment of the loan claim of this case.
C. Accordingly, between March 18, 2013 and June 12, 2013, the Defendant deposited KRW 127,000,000 from D as a loan to the Plaintiff, and deposited KRW 127,00,000 among them into the Plaintiff’s account. On March 25, 2013, the Defendant deposited KRW 50,000,000 in the Plaintiff’s account on the same day after receiving KRW 50,00,000 from E under the aforementioned title, and deposited KRW 40,000 in the Plaintiff’s account on the same day. From F on April 30, 2013, the Defendant received KRW 30,000,000 from F under the above title as above, and deposited KRW 24,000,000 in the Plaintiff’s account on the same day.
The amount of the instant loan claims is limited to KRW 60,000,000. The Plaintiff is limited to KRW 18,000,000 among KRW 145,00,000,000 that the Defendant received from D, etc. as a loan to the Plaintiff, and KRW 10,000,000 out of KRW 50,000 received from E, and KRW 6,00,000,000 out of KRW 30,000 received from F.