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수원지방법원안산지원 2015.11.06 2014가단21205

대여금

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 11,472,721, to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff loaned KRW 30,00,000 to the Defendant on December 14, 2009 at interest rate of KRW 30,000 (hereinafter “instant loan 1”) (hereinafter “this case’s loan 1-1”) to the Plaintiff as the loan certificate (Evidence A-1-1-1) prepared on the loan 1 of this case, the preparing date appears to have been the clerical error of December 13, 2010 (the date of maturity is deemed to have been the clerical error of December 13, 2010) and each of the above preparation date is written on April 11, 2010, but there is no dispute between the parties that the above preparation date was erroneously written on December 14, 2009, which is the date of actual loan. In light of this, it is difficult to specify the due date for repayment of the instant loan 1-1 solely on the basis of the statement under subparagraph 1-1 of this case’s certificate.

On April 12, 2010, KRW 10,000,000 was determined and lent as 3% per month interest.

(2) The loan certificate (No. 1-2) prepared with respect to the loan No. 2 of this case (hereinafter “the loan No. 2 of this case”) is written as of November 5, 2009 and the due date of repayment on March 5, 2010. However, each of the above dates is the date earlier than April 12, 2010, the actual date of the loan, and there is no dispute between the parties that the above date of preparation was mistakenly written as to the loan No. 2 of this case. In light of the above, it is difficult to specify the due date of repayment of the loan No. 1-2 of this case only by the statement No. 2 of the certificate No. 1-2 of this case.

(The due date for repayment of the above loan and the interest column are written “8th 10 days” in the space between the parties, but this appears to be an additional statement after the drawing up of the above loan certificate. (b)

The Defendant paid KRW 1,500,000 to the Plaintiff on January 11, 2010, KRW 1,500,000 on February 10, 2010, KRW 1,500,000 on March 11, 2010, KRW 30,900,000 on April 10, 2010, KRW 16,30,000 on August 16, 2010, KRW 5,000 on August 24, 2010, KRW 2,200,000 on March 4, 2014, KRW 1,50,000 on March 23, 2014, and KRW 1,50,000 on March 23, 2014, and KRW 10,000 on April 10, 2014, respectively.

[Grounds for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 1, 2, respectively.