대여금
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. In full view of the purport of the entire pleadings in Gap evidence No. 1 as to the cause of the claim, the plaintiff set the date of repayment under defendant C's guarantee as "within ten days from the date the plaintiff requested repayment after one month from the date the repayment was lent," and the same month.
8. The fact that Defendant B loaned a sum of KRW 40 million to Defendant B, and Defendant B is recognized to have repaid to the Plaintiff around February 2, 2015, and barring any special circumstance, the Defendants are jointly obligated to jointly pay KRW 30 million calculated by subtracting the above repayment amount from KRW 40 million (hereinafter “instant loan claim”) and delay damages therefrom.
Meanwhile, as the Plaintiff loaned KRW 40 million to Defendant B and determined interest at 10% per month, the Plaintiff also claimed interest on the instant loan claim from December 9, 2014, which is the day following the last lending date, but there is no evidence to support the existence of such an agreement, and thus, the Plaintiff’s claim for interest under the agreement cannot be accepted.
(However, the Plaintiff’s claim for interest on the instant loan claims is deemed to include damages for delay at the statutory rate after the date of repayment of the said loan claims. 2. Determination as to the Defendants’ defense of repayment
A. The Defendants asserted that, instead of paying the instant loan claim, Defendant B transferred D shares 20,000 shares (hereinafter “instant shares”) to the Plaintiff and received the acquisition certificate (Evidence No. 1; hereinafter “this case’s acquisition certificate”) from the Plaintiff, the instant loan claim was entirely extinguished due to payment in kind.
As to this, the plaintiff asserts that the certificate of acceptance of this case was signed only by the plaintiff in blank presented by the defendant C, so it cannot be a evidence of payment in kind for the loan claim of this case.
B. One private document as to the authenticity of the acceptance certificate of this case is established.