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(영문) 서울동부지방법원 2016.12.14 2015가단18030

대여금

Text

1. As to KRW 63,00,000 among the Plaintiff and KRW 33,00,000 among them, the Defendant shall start from April 7, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. From around 2012, the Plaintiff: (a) from around 2012, extended money to or lent to the Defendant’s mother to C; and (b) drafted the certificate as described in the following (c) and (d) with respect to the said monetary loan transaction.

B. On June 17, 2013, the Defendant, along with the Plaintiff, lent KRW 10,000,000 to the Defendant on June 14, 2013, and requested the Defendant to prepare a notarial deed of a monetary loan agreement with the content that the Plaintiff agreed to pay the above loan by December 14, 2013.

C. C, under the Defendant’s joint and several guarantee, issued and delivered a loan certificate stating that the Plaintiff borrowed KRW 1,20,000,000 on July 17, 2013 due date on December 17, 2013, and that the Plaintiff borrowed KRW 10,00,000 on October 16, 2013, respectively.

On June 13, 2014, the Defendant issued and delivered to the Plaintiff a certificate of loan that KRW 33,000,000 shall be due and payable on August 13, 2014.

【In the absence of dispute, the part of the amount of Gap evidence 1-1-1 (the loan certificate dated June 13, 2014) was originally written by the defendant in the form of "three million won," and thereafter C is alleged to have changed the amount to "three million won," upon the plaintiff's request. However, since there is no evidence to prove that the part of the above loan certificate was altered, the above argument by the defendant is without merit). The entries in the evidence Nos. 2 through 4, and 6, and the purport of the whole pleadings and arguments by the defendant.

2. According to the above facts finding as to the cause of the claim, the defendant agreed to pay the borrowed money recorded in each deed by preparing to the plaintiff a certificate of borrowing, etc. in the position of the principal debtor or joint guarantor with respect to the monetary loan transaction between the plaintiff and C.

Therefore, barring any special circumstance, 63,00,000 = the loan certificate issued on July 17, 2013 to the Plaintiff.