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(영문) 수원지방법원안양지원 2017.06.14 2016가단18737

대여금

Text

1. The Defendant’s KRW 13,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 6, 2013 to June 14, 2017.

Reasons

1. Summary of the parties' arguments;

A. On October 17, 2012, the Plaintiff’s summary of the Plaintiff’s assertion: (a) lent KRW 8 million to the Defendant on March 17, 2013 by the due date; (b) again, on July 30, 2013, the Plaintiff re-designated the Defendant as the due date for repayment of KRW 1.3 million on November 5, 2013.

Therefore, the Plaintiff seeks payment of the total amount of KRW 21 million against the Defendant.

B. On October 17, 2012, the Defendant borrowed KRW 8 million from the Plaintiff and issued a certificate of KRW 8 million. However, on July 30, 2013, the Defendant issued a new certificate of KRW 13 million to the Plaintiff on July 30, 2013 by adding interest, etc. to the said loan.

Therefore, the loan amount of KRW 8 million as of October 17, 2012 is included in the above 1.3 million loan certificate, and the money borrowed by the Defendant from the Plaintiff is merely KRW 1.3 million.

2. Determination

A. In light of the facts without dispute, Gap evidence Nos. 1 and 2, and Eul's testimony, and the whole purport of the pleadings, ① with respect to the monetary obligation of KRW 8 million that the defendant borne by Eul, the plaintiff, defendant, and D agreed to pay the above obligation of the defendant directly to the plaintiff. On October 17, 2012, the defendant issued a loan certificate of KRW 8 million (Evidence No. 1) to the plaintiff on October 17, 2012, and ② The plaintiff who did not pay the above money requested Eul to "the amount of KRW 8 million stated on October 17, 2012 shall be paid by the defendant with the loan certificate of KRW 1.3 million plus the existing interest and the existing debt," and ③ It is recognized that C received the loan certificate of KRW 3 million from the defendant on November 5, 2013 and completed the loan certificate of KRW 3 million (Evidence No. 230 million) to the plaintiff on July 30, 2013.

B. According to the above facts, the Plaintiff and the Defendant concluded a quasi-loan agreement between the Plaintiff and the Defendant on July 30, 2013 with respect to the Defendant’s monetary obligation owed to the Plaintiff, which is 1.3 million won for the purpose of a new loan for consumption. Therefore, the Defendant shall pay the Plaintiff KRW 13 million and delay damages.