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(영문) 부산지방법원 2018.11.22 2017나54319

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

1. Basic facts

A. From October 26, 2011 to December 9, 2015, the Plaintiff leased a total of KRW 73 million to the Defendant 19 times as shown in the attached Table 1, as shown in the attached Table 1.

B. Around June 2016, the Defendant decided to settle the remainder of the Defendant’s loans to the Plaintiff between the Plaintiff and the Plaintiff, and prepared and delivered the following loan certificates (No. 6-2) to the Plaintiff.

The Defendant borrowed a total of KRW 70 million to the Plaintiff from October 26, 2011 to December 9, 2015. Among them, the Defendant lent a total of KRW 50 million to D, who is another debtor, KRW 18 million, and the Defendant used KRW 2 million.

C shall be repaid every 50,000 won of principal from June 2016, and D shall be repaid every one million won of principal from November 2016.

Provided, That if the above two debtors fail to perform even one month, the defendant shall be fully liable.

20 days to 25 days to the Plaintiff’s account.

The plaintiff promises not to receive the interest portion from the defendant.

Defendant on June 2016

C. At that time, the Defendant also prepared and delivered a loan certificate (No. 6 No. 1) stating that “I will pay the rent of KRW 73 million to the Plaintiff’s husband, who is the Plaintiff’s husband.”

[Reasons for Recognition] Each entry of Gap evidence 1 through 6 (including branch numbers), and the purport of the whole pleadings

2. According to the facts established prior to the determination of the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 73 million and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 19, 2016 to the day of full payment, as claimed by the Plaintiff, on the record that it is the day following the delivery date of the original copy of the instant payment order

3. Judgment on the defendant's assertion

A. The Defendant’s determination on the assertion of the assumption of obligation, etc. is based on the amount actually used by the Defendant, among the above amounts borrowed from the Plaintiff, KRW 2 million.