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(영문) 수원지방법원 안산지원 2018.07.06 2018가단51587

대여금

Text

1. Defendant B’s KRW 17,806,471 as well as 5% per annum from November 27, 2017 to July 6, 2018.

Reasons

Basic Facts

A. On June 16, 2008, the Plaintiff lent KRW 30 million to the Defendant’s side (the Defendant is the husband and wife, and as there is a dispute as to whether the Defendant C bears the obligation against the Plaintiff, it refers to “the Defendant or Defendant B” hereinafter) and thereafter lent KRW 170 million to the Defendant’s side several times from that time until June 30, 2009.

Accordingly, from July 16, 2008 to May 201, the Defendant has repaid part of the principal and interest of the above loan to the Plaintiff.

B. Around January 2012, the Plaintiff and the Defendant side concluded a settlement agreement on the Defendant’s debt owed to the Plaintiff (hereinafter “instant settlement agreement”) with respect to the settlement of accounts (hereinafter “instant settlement agreement”), the Defendant agreed to pay the Plaintiff the principal amount of the settlement of accounts (as seen below) in installments from March 5, 2012 to KRW 500,000 per month, and the Plaintiff exempted the Plaintiff from the amount of KRW 14.5 million calculated as the unpaid interest, excluding KRW 7 million, out of KRW 14.5 million.

On January 26, 2012, Defendant paid KRW 7 million to the Plaintiff.

C. From March 5, 2012 to September 5, 2012, the Defendant paid a total of KRW 30 million to the Plaintiff, and the said KRW 30 million was appropriated for the principal of the settlement obligations under the instant settlement agreement.

However, from June 5, 2013 to June 5, 2013, the defendant's side delayed payment of the settlement obligation under the instant settlement agreement.

Since then, between May 8, 2015 and November 26, 2017, the Defendant repaid a total of KRW 30 million to the Plaintiff.

(The respective amount of repayment and the date of repayment are as stated in the separate sheet of satisfaction of obligation). [The grounds for recognition] does not conflict with each other; Gap's evidence Nos. 1, 4, 6, 7, and Eul's evidence Nos. 2 through 8 (including the serial number, if any); and the plaintiff's assertion of the parties to the whole purport of the pleading as a whole. The plaintiff lent money to the defendants; accordingly, the defendants and the plaintiff.