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(영문) 수원지방법원 2019.06.20 2018가합29118
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant came to know of around 201, and came to know from around 2012, and married on November 5, 2015, and divorced on June 2, 2017 through divorce litigation.

B. On January 12, 2015, Defendant B prepared a loan certificate with the following content (hereinafter “instant loan certificate”) and delivered it to the Plaintiff.

At the bottom of the instant loan certificate, the Defendant C indicated “Defendant C” as the surety.

I agree to borrow interest from the Plaintiff on January 12, 2015 and pay in full after the 00th day of 2015. I agree that this would be 30 pro ratas per month, and that no legal action would be raised if I do not pay in any month.

C. The loan certificate of this case is accompanied by a copy of the Defendants’ resident registration certificate, and the copy of Defendant B’s resident registration certificate states as the Plaintiff’s own pen the phrase “to be sent to Defendant B as the passbook on January 9, 2015.” A, the copy of Defendant C’s resident registration certificate states as follows: “I recognize that I have signed and signed by the guarantor C who signed the loan certificate.”

On March 20, 2016, Defendant B prepared a statement of performance (hereinafter “instant statement of performance”) as follows and delivered it to the Plaintiff.

The above principal, while making a marriage with A and A, decided to divorce because it does not fit to their own characteristics, and thus, agreed to promptly repay the money borrowed by A to her to her friend to KRW 200,000 (20,000,000) and to KRW 20,000 (20,000,000) borrowed from G to her friend, as the sum of KRW 270,000 (10,000,000) (270,000) of the amount borrowed from G when she saw the machinery of KRW 20,00 (20,000) and her friended money (270,00,000).

[Reasons for Recognition] Nos. 1, 2, 3, and 5 (including the number of branch numbers; hereinafter the same shall apply) and 12 each of the facts that there is no dispute or that is obvious to this court.

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