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Reasons
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(영문) 대전지방법원홍성지원 2020.01.07 2018가합920
부당이득반환청구 등의 소
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1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 11, 2009, the Plaintiff borrowed KRW 150 million from the Defendant at the monthly interest rate of 5% on September 11, 2009.

For its payment, the Plaintiff issued a promissory note with a face value of KRW 150,000,000,000 issued by the Plaintiff and endorsed by the Plaintiff E, and prepared a payment note with the effect that “the Plaintiff shall pay the Defendant KRW 150,000,000 to the Defendant by October 10, 2009, and shall guarantee E’s solidarity.”

(A) The evidence Nos. 1 and 2 evidence Nos. 1 and 2 Nos. 2 are indicated as the date of preparation on Oct. 10, 2009, but the date of preparation on Sep. 11, 2009 does not conflict between the parties; b) the Plaintiff’s ASEAN borrowed from the Defendant the amount of KRW 30 million September 14, 2009, and KRW 20 million on Nov. 12, 2009, respectively; 2010, D borrowed the loan to the Defendant on May 3, 2010, “D borrowed KRW 180 million per annum and KRW 20 million per annum and KRW 80 million due date of payment on July 3, 2010.”

(A) On July 11, 2011, the Plaintiff stated that “40 million won and all of the Plaintiff and the Defendant have become KRW 400 million plus some interest, etc. on the loan amount of KRW 1.5 million in 2009, and KRW 1.80 million in 2010,000. The Plaintiff borrowed at the interest rate of KRW B per month and would have repaid until August 9, 2011. Some of the above amounts included D’s repayment.”

(B) On October 30, 201, the Plaintiff prepared two copies of the loan certificate to the Defendant, and at the time, signed and sealed the Plaintiff’s debt settlement and the sale of a funeral hall to the FF, who was delegated by the Plaintiff to the Defendant, at the time, to the Defendant.

One copy of a loan certificate is that "a loan shall be borrowed at the rate of 20 million won per month and shall be repaid by the end of February 2012," and the other loan certificate shall be 192 million won per month.

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