대여금
1. The judgment of the court of first instance is modified as follows.
The Defendants are jointly and severally liable to the Plaintiff for 560,000,000 won and 322.
1. Basic facts
A. Defendant B and C operate each of them as a couple of the parties to a bankruptcy and a mutual savings bank.
B. On January 28, 2006, the Plaintiff loaned to the Defendants a total of KRW 710 million, including KRW 200 million, KRW 10 million on December 7, 201, KRW 150 million on December 30, 201, KRW 180,000 on August 18, 201, KRW 150,000 on September 8, 201, and KRW 710,000,00 on September 8, 2013, without due date for each payment.
(hereinafter collectively referred to as “instant loan”). (c)
On November 23, 2017, the Plaintiff urged the Defendants to repay the outstanding loan amounting to KRW 110 million out of the loan amounting to KRW 210 million on January 28, 2006, ② loans amounting to KRW 100 million on December 7, 2010, ③ loans amounting to KRW 150 million on December 30, 201, ④ loans amounting to KRW 100 million on August 18, 201, ⑤ loans amounting to KRW 150 million on September 15, 201, ⑤ loans amounting to KRW 50 million on September 8, 2013, and KRW 50 million on loans amounting to KRW 50 million on December 29, 2017.
On December 5, 2018, the Plaintiff drafted a statement of performance (Evidence 6-3 of the Evidence A (hereinafter “instant performance statement”) stating the following: (a) as a result of a consultation with the Plaintiff as a plan to reduce the amount of KRW 560 million of the principal borrowed by Defendant C (E) to the total amount of KRW 560,000,000,000,000,000,000,000,000 per month; (b) the interest shall be paid to the same as the interest reduced; and (c) the principal shall be applied from December 2018.
E. Meanwhile, the Plaintiff received reimbursement of KRW 1 million from the Defendants on December 10, 2018, KRW 500,000 on December 12, 2018, KRW 1500,000,000 on December 31, 2018, and KRW 3 million on December 31, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 6 (if there are provisional numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. As seen earlier, the Plaintiff loaned KRW 710,00,000 to the Defendants a total of KRW 710,000,000,000 out of the above loans with business funds. The Plaintiff is a person who received reimbursement from the Defendants.