대여금
1. On May 19, 2017, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 51,462,615 and KRW 50,000 among them.
1. The facts of recognition shall be deemed as to the principal lawsuit and counterclaim.
A. On December 28, 1989, the Plaintiff completed a marriage report with the deceased C (hereinafter “the deceased”) and became a legally married couple, and the Plaintiff brought a divorce, etc. against the Plaintiff on August 18, 2014, which became final and conclusive on February 23, 2016, and divorced with the deceased.
The Deceased completed a marriage report with D on March 2, 2016, and became a legal couple, and died on September 15, 2016.
B. From February 3, 2000, the Deceased and the Plaintiff opened a E Hospital (hereinafter “instant hospital”) and the Deceased were in office as the director of the hospital and the director of the division in charge of the hospital and the head of the division in the hospital in this case jointly operated the instant hospital. The Deceased, as the director of the hospital in this case, was in charge of external affairs as the head of the hospital in this case.
C. Around December 2015, the Defendant was a person who was employed as the head of the administrative headquarters of the instant hospital; the Deceased, as the head of the E Hospital on May 18, 2016, the Defendant: (a) the interest rate of KRW 5 million to the Defendant; (b) the due date shall be KRW 500,000 per month after one year from the date of the loan; and (c) the due date shall be repaid in installments in installments; and (d) the damages for delay due to the bank’s total interest rate shall be added.
On the other hand, on March 23, 2016, the Deceased, as the president of the E Hospital, prepared a certificate of borrowing money with the purport that “the instant hospital borrows KRW 50 million from the Defendant at an annual interest rate of 11.2% per annum, and as until March 22, 2017, the due date for repayment,” and on the same day, the Defendant deposited KRW 50 million in the E Hospital Representative Account in the name of the Deceased (hereinafter “instant account”).
【Ground for recognition】 The fact that there has been no dispute, Gap 2, 3, 13, Eul 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the principal claim, the deceased and the plaintiff jointly operate the hospital of this case and their accessory buildings.