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(영문) 대전지방법원 2018.02.21 2016가단23684

대여금

Text

1. Defendant B’s ratio of KRW 35 million to the Plaintiff and its 25% per annum from April 26, 2016 to the date of full payment.

Reasons

1. The plaintiff asserted on April 2003, the plaintiff lent KRW 20 million to Defendant B for a fixed period of 2% per month and 1 year, and additionally lent KRW 5 million under the same conditions as of April 17, 2003, and the defendant C guaranteed the above amount.

Afterwards, the Plaintiff loaned 8 million won to Defendant B for the purpose of living expenses on October 2, 2007, and 2 million won for the purpose of surveying expenses on April 29, 2008 as interest rate of 2% on April 29, 2008, and Defendant C guaranteed the above amount.

The Defendants promised on March 14, 2010 to pay the rate of 2% per month to the total principal amount of 35 million won per month and to pay at the rate of 3% per month.

The Plaintiff received KRW 44,980,000 from the Defendants, and if the Defendants appropriated the appropriation, the Defendants shall pay to the Plaintiff the amount of KRW 111,046,664 (the principal KRW 35,000,000,000,000,000,000) and KRW 35,000,000,000,000 per annum from November 27, 2017 to the date of full payment.

However, the Plaintiff shall claim interest in arrears at the rate of 25% per annum from April 26, 2016 to the date of full payment, which is the last repayment date of the Defendants.

2. Plaintiff’s claim against Defendant C

A. According to the evidence No. 5 (Evidence No. 1) of the Plaintiff, on April 21, 2003, the Plaintiff lent KRW 20 million to Defendant B for a fixed period of 2% per month and 1 year per year, and it is recognized that Defendant C guaranteed the above obligation.

Meanwhile, the Plaintiff recognized that the Plaintiff received reimbursement of KRW 37.8 million from the cause of the claim by April 5, 2007 from the Defendants, and the Plaintiff withdrawn the claim for reimbursement of KRW 37.8 million from the application for the amendment of the claim and the supplement of the cause of the claim as of November 27, 2017. However, Defendant C had already invoked the claim for reimbursement of KRW 37.8 million from the preparatory document as of December 16, 2016, and there was no evidence to prove that the said confession was contrary to the truth and due to mistake. Therefore, the revocation of confession is effective.