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(영문) 대구지방법원 2018.01.09 2016가단11865
대여금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 80,000,000 and Defendant B from February 8, 2012 to April 18, 2016.

Reasons

1. Basic facts

A. Defendant C and Defendant D are the couple’s simple positions, and Defendant C’s punishment is the Defendant C.

B. On January 23, 2006, Defendant B borrowed KRW 40,000,000 from the Plaintiff as the guarantor, Defendant C and Defendant D decided to deposit 3,50,000 won interest into the Plaintiff’s Daegu Bank passbook on the 25th of each month, and the maturity on June 30, 2006.

C. Accordingly, Defendant B remitted each of the KRW 350,000 on January 26, 2006, KRW 350,000 on February 25, 2006, and KRW 700,000 on April 28, 2006 to the Daegu Bank passbook.

On April 24, 2006, the defendants borrowed KRW 40,000,00 from the plaintiff, and the debtor is the defendant D, and prepare a certificate of loan of KRW 80,000,00 with the defendant B and the defendant C as joint guarantor, and according to the above loan certificate, the due date was determined to be deposited into the Daegu head of the Daegu Bank of Korea by December 30, 2006 and 700,000,000,000 per annum until 25,000 per annum.

E. On April 25, 2006, the Plaintiff transferred KRW 37,400,000 to the passbook in the name of Defendant C under the name of Defendant C, and Defendant B transferred KRW 700,000 to the Daegu Bank passbook in May 25, 2006.

F. On April 24, 2006, the Plaintiff: (a) registered the creation of a neighboring mortgage on the first floor of the F apartment Nos. 3, 1, 2006, Daegu Northern-gu, Seoul, which was owned by Defendant D; (b) revoked on April 8, 2008, the registration of the establishment of a neighboring mortgage to the obligor D and the mortgagee; and (c) revoked on December 20, 2010, the registration of the establishment of a neighboring mortgage made by the obligor C and the Plaintiff on June 13, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers), Eul evidence Nos. 1, 3, 5, and 6, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendants jointly and severally concluded with the Plaintiff as to Defendant B from February 8, 2012 until April 18, 2016, as the Plaintiff seeks against the borrowed amount of KRW 80,00,000, and as to the said amount, Defendant C and D, the delivery date of a copy of the instant complaint.

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