beta
(영문) 창원지방법원 마산지원 2021.01.20 2019가단5324

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff lent KRW 20 million to the Defendant at the end of 2006, and KRW 70 million in total to the Defendant on May 2007, 200.

B. The Defendant repaid KRW 20 million out of the above loans to the Plaintiff around 2007.

[Ground for recognition] Unsatisfy, Eul's evidence 3-1 and 2-2, the purport of the whole pleadings

2. Determination as to whether to accept an exemption obligation

A. Party’s assertion 1) The Defendant’s remaining loan amounting to KRW 50 million (=70 million - 20 million) against the Plaintiff’s assertion that C concurrently assumed the Defendant’s obligation to pay the remaining loan amounting to KRW 15 million, and thereafter C paid the Plaintiff KRW 15 million out of the remaining loan amount.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 35 million (i.e., KRW 50 million - KRW 15 million) and damages for delay indicated in the purport of the claim.

2) The Defendant alleged to be the Defendant’s remaining loan amounting to KRW 50 million (= KRW 70 million - KRW 20 million - KRW 20 million) to the Defendant’s remainder of the Defendant’s assertion, upon the Defendant’s exemption from liability, upon the Plaintiff’s consent, the Defendant did not have the obligation to pay the amount indicated in the purport of the claim to the Plaintiff.

B. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 2, and 3-6 of Eul evidence Nos. 3-6, C assumes the Defendant’s obligation to pay the remainder of the loan (= KRW 70 million - 20 million) to the Plaintiff on December 28, 2009, and the Plaintiff consented to the acceptance of the aforementioned exempted obligation.

Therefore, the remainder of the Defendant’s loan obligations against the Plaintiff was extinguished by the acquisition of the exempted obligation by C.

Therefore, the plaintiff's claim of this case, which is based on the different premise, is without merit.

3. Whether the Defendant promised to repay the remaining loan obligations to the Plaintiff at the mediation date

A. The Plaintiff’s assertion C exempted the Defendant from the Defendant’s remaining loan obligations worth KRW 50 million.

However, the defendant shall attend the Changwon District Court 2010 Ghana 37700 case on the date of mediation.