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Reasons
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(영문) 서울고등법원 2013.09.11 2012나88589
대여금 등
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1. The judgment of the first instance, including the claims added at the trial, shall be modified as follows:

2. The plaintiff, Ga.

Reasons

1. Facts of recognition;

A. The Plaintiff’s status as the parties is performing legal affairs from around 1986, and Defendant B served as the head of the attorney’s office operated by the Plaintiff from around September 2001 to December 2002, and Defendant C is the wife of Defendant B.

B. From August 25, 2006 to June 12, 2007, the Plaintiff paid 76,200,000 won in total to Defendant B, as stated in the table 1, as follows. On August 25, 2006, the amount paid for the payment date by the sequence 1 (original) No. 762 million to Defendant C’s account (Ga) 5 million, and on September 13, 2006, the Plaintiff transferred 7 million cash 3 million to Defendant C’s above account 6 million 4 million to Defendant C’s above account on September 25, 2006 (one day after November 2006, 2006, one million to KRW 77,707,700,000,000,000 from September 27, 2007).

3) On November 1, 2006, the Defendants prepared and delivered to the Plaintiff a certificate of loan stating that “The money listed in Nos. 1 and 2 through 4 are borrowed from the Plaintiff as the marriage expense for his father.” The above certificate of loan is signed and sealed by Defendant B as the borrower, and Defendant C as the joint guarantor. The sum of the borrowed amount is KRW 46.7 million on the date of loan: KRW 7 million (the sum stated in Nos. 1 and 2).

: An amount calculated by subtracting KRW 300,000,000 which was repaid on October 17, 2006 after borrowing KRW 1 million as of September 13, 2006, from KRW 300,000 which was repaid on September 17, 2006.

on September 25, 2006, : To borrow money deposited into the Defendant C’s account on September 25, 2006.

(1) Interest: 1 per month (12 per annum); however, in the event that the payment of interest is in arrears for more than 3 days, 1 per cent of the principal shall be added to the interest for that month. The due date for payment shall be April 30, 2007 (at the time of repayment prior to the due date).

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