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(영문) 수원지방법원성남지원 2017.09.01 2017가합400102
대여금
Text

1. Defendant D shall start on March 1, 2007 with respect to KRW 47,142,85, and each of the said amounts to Plaintiff A, Plaintiff B, and C, respectively.

Reasons

1. Basic facts

A. The deceased on Oct. 2, 2007, the deceased on Oct. 2, 2007, and the deceased on Oct. 2, 2007, the deceased on Oct. 2, 2007, there are Plaintiff A (Inheritance 3/7) and Plaintiff B and C (Inheritance 2/7, respectively) who are the spouse.

B. On December 29, 2006, the net F’s monetary lending network F, with Defendant D, set the due date for reimbursement of KRW 300,000,000 to Defendant D on February 28, 2007, without setting interest thereon.

C. On July 6, 2007, the net F’s monetary lending network F, for Defendant E, lent KRW 100,000,000 to Defendant E with interest rate of KRW 5,000,000 per month, and the due date for payment as of October 2007.

Defendant E borrowed KRW 100,00,000 from the network F as above, and on the same day, Defendant E agreed with the network F to substitute for the payment of KRW 200,000,000 out of the above loans of KRW 300,000,000, which Defendant D assumed to the network F (hereinafter “instant assumption of obligation”).

E. On July 6, 2007, Defendant E borrowed KRW 100,000,00 from the NetworkF, and did not prepare the same disposal document as the loan certificate. On September 14, 2007, Defendant E, the spouse of the networkF, was the Plaintiff A (hereinafter “the instant loan certificate”).

The main contents are as follows. The borrower E borrowed 10,00,000 won (interest rate of 5,00,000 won per month) deposited at his own account on July 6, 2007, and 300,000,000 won (interest rate of 3,10,000,000,000 won including interest rate of 3,00,000,000 won in lieu of this loan and D’s debt, shall be proved as the loan certificate, and if the above debt is not repaid by the end of October 207, the defendant E shall not raise any objection even with the auction execution of real estate created under the name of G, which was created in the name of G, with respect to the above debt amount of 10,000,000,000 won, 100,000,000 won among the loan and the debt amount of 2,000,000,000 won among the loan and the debt amount of G.

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