beta
(영문) 수원지방법원 2016.01.29 2015나18098

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

In full view of the purport of the argument in Gap evidence No. 1, the plaintiff and the co-defendant C of the first instance trial (hereinafter referred to as "C") shall lend KRW 1 million to Eul around September 17, 1999, with interest added up to KRW 1.2 million on or around December 28, 1999, and the defendant shall be deemed to have jointly and severally guaranteed the above plaintiff's loan obligation. According to the above facts of recognition, the defendant shall be liable to pay to the plaintiff 1.2 million won as requested by the plaintiff, 1.2% per annum from December 28, 1999 to April 24, 2010 following the delivery of a copy of the complaint of this case, and 20% per annum from the next day of the next day of the delivery of a copy of complaint of this case to the day of complete payment.

In regard to this, the defendant asserts that C, the principal debtor, repaid all the loan obligations of this case to the plaintiff, and therefore, C's testimony by the witness of the court of first instance as the principal debtor of the loan of this case, did not file an appeal for subsequent completion even with the knowledge that C, a co-defendant of the court of first instance, was the principal debtor of the loan of this case, and the contents of C's statement are inconsistent with the amount of the loan of this case, and did not provide specific grounds for supporting the repayment, and C and the defendant are mutually related with the principal debtor and the joint guarantor, and there is no other evidence to acknowledge it. Thus, the above argument by the defendant is groundless.

Therefore, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.