대여금
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Plaintiff and Defendant B are the members of the DP, and Defendant C is the wife of Defendant B.
B. On August 1, 2018, the Plaintiff loaned KRW 350,000,000 to Defendant B as of September 1, 2018.
On September 1, 2018, Defendant C, together with Defendant B, drafted a loan certificate with the Plaintiff that the said KRW 350,000,000 (interest separate) would be repaid by October 1, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff lent KRW 350,000 to the Defendants. The Defendants repaid to the Plaintiff KRW 17,50,000 on December 2, 2019, KRW 350,000 on August 5, 2020, and KRW 11,664,00 on August 13, 2020.
Therefore, the Defendants are obligated to pay to the Plaintiff KRW 6,324,830,00,000, remaining loans after appropriation for performance.
B. The Defendants, the representative of the Plaintiff, carried out a number of clans lawsuits, and agreed to bear the expenses.
However, the decision of compulsory auction was made on the Plaintiff-owned real estate without paying the litigation costs against the Defendants.
In order to suspend the above compulsory auction, the plaintiff paid 50 million won to withdraw the application for compulsory auction.
Since the Defendants agreed to pay KRW 50 million to the Plaintiff, the Defendants are obligated to pay KRW 50 million to the Plaintiff.
3. Determination
A. As recognized above, the Plaintiff lent KRW 350,000,000 to Defendant B, and Defendant C jointly and severally guaranteed Defendant B’s loan obligations by preparing a loan certificate to the Plaintiff.
Therefore, barring special circumstances, the Defendants are obligated to pay KRW 6,324,830,00 calculated by subtracting the amount of money owed to the Plaintiff by the Plaintiff.
However, the defendants defense that the defendants paid KRW 6,324,830. According to the Eul evidence No. 5, the defendants can be acknowledged that the defendants paid KRW 6,324,830 on October 22, 2020.