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(영문) 울산지방법원 2018.01.17 2017나1516

대여금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On August 24, 2011, the Plaintiff leased KRW 20,000,00 to the Defendant’s meat cocop deposit in marina which the Defendant intended to accept, and thereafter, received reimbursement of KRW 12,00,00,000 from C who acquired the above meat copon on behalf of the Defendant.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 10,000,000,000, including the loan principal of KRW 8,000,000 and interest thereon, and the damages for delay.

(1) The plaintiff claimed 20,000,000 won of the principal of the loan to the defendant in the complaint, but the court below changed the cause of the claim to seek 10,000,000 won including the principal and interest of KRW 8,000,000.

A. On August 24, 201, the Defendant borrowed KRW 20,000,00 from the Plaintiff in order to prepare for the money deposited with meat farmers in marina on behalf of the Defendant, and the fact that C, on behalf of the Defendant, who acquired the above meat farmers, paid KRW 12,00,000 among the above loan principal and KRW 3,300,000,000, out of the above loan principal, does not conflict between the parties.

B. As to this, the Defendant’s defense that C took over the Defendant’s above loan obligation against the Plaintiff, the Defendant: (a) borrowed KRW 20,00,000 from the Plaintiff in order to raise the money deposited for the meat to be acquired by the Defendant, namely, the following circumstances that are acknowledged by comprehensively taking account of the following facts: (b) the Defendant took over the above meatco; (c) upon taking over the above meatco, C did not prepare a separate loan certificate for the Plaintiff on September 27, 201; (c) the Plaintiff did not prepare a separate loan certificate at the time of receiving the above loan certificate; and (d) the Plaintiff did not set interest and maturity at the time of receiving the above loan certificate; and (e) the Plaintiff agreed to the new interest rate for 4% per month at the time of receiving the loan certificate from C; and (e) the Plaintiff agreed on September 10, 2012; and (d) the Plaintiff agreed on September 17, 2012.