각서에 의한 편취금반환
1. Upon a claim for change in exchange at the trial, the Defendants jointly and severally serve as the Plaintiff 44,768,596 won and one of them.
1. Facts of recognition;
A. Defendant B is a person who actually operated D, engaged in the wholesale business of freezing foods, and Defendant C is the wife of Defendant B and the representative in the name of Defendant D.
B. Around July 2008, Defendant B prepared and delivered to the Plaintiff a letter of non-performance (No. 1, hereinafter “instant letter”) that did not specify the amount and date, and Defendant C signed and sealed the said letter as a joint and several surety.
C. On January 2009, Defendant B prepared a statement of accounts (Evidence A 5; hereinafter “instant statement of accounts”) and delivered it to the Plaintiff on January 2009, stating D’s gross sales, operating assets, and inventory, details of attempted borrowings, details of anticipated repayment, and operating methods of February.
The statement of this case contains the following items: “The details of the loan and expected repayment of the President”:
4. 사장님 차입 및 예상변제내역 (1) 2/9 700 /15 300 /20 400 /21 800 /22 300 /24 500 /27 300 /27 600 합계금액 39,000,000 (2) 단기차입금 10,000,000 (2/18) (3) 장기분할차입금 50,000,000 (매월 12일) 합계 : 60,000,000원 Total : 99,000,000원 2월 예상변제금액 = 8건 × 1,000,000 = 8,000,000 2/18 완제 1건 = 10,000,000 소계 = 18,000,000 ∴ 2월 말 예상잔액 = 120,000,000원
D. The Plaintiff leased the money corresponding to the “loan” column of the attached Table “Loan Date” to Defendant B on each date, and received the corresponding money from the said Defendant on each date indicated in the “Performance Date” column of the same Table with the repayment of principal and interest.
E. On February 6, 2009, the Plaintiff lent KRW 17,900,000 in total to Defendant B, and KRW 6,500,00 in total, and KRW 3,900,000 in the same month, and KRW 2,101,00 in the same month, and KRW 2,000 in the above Defendant on February 2, 2009, KRW 00 in the same month.
3. 1,101,000 won, and the same month.
4. 1,101,000 won, and the same month.
5. 1,101,000 won, and the same month.
6. 1,101,000 won, and the same month.
7. 2,202,00 won, and the same month; and
9.1,101,00 won, 6,101,000 won per month, 10.6,101,000 won per month, 11.1,101,000 won per month, and 12.1.1.