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(영문) 서울남부지방법원 2016.01.22 2014나12299

대여금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 9,000,000 and shall be paid to the plaintiff on April 2004.

Reasons

1. The following facts are acknowledged according to the purport of Gap evidence 2-1, 2, 5, 6, 15-1, 15-2 and the whole arguments.

A. From May 200, C borrowed money from the Plaintiff from May 200 to the effect that “I would like to repay money without money if I would have borrowed money from the obligees because I would have failed to repay the debt.”

B. On June 25, 2000, the Defendant, who had worked in an immigration suit operated by C, prepared a loan certificate stating that “3,000,000 won was borrowed from the Plaintiff” in his name and delivered it to the Plaintiff. The Plaintiff around that time lent KRW 3,00,000 to C.

C. On July 12, 2000, the Defendant prepared a loan certificate stating that “the Plaintiff borrowed KRW 6,000,000 from the Plaintiff” in its own name and delivered it to the Plaintiff. The Plaintiff around that time lent KRW 6,00,000 to C.

A medal drawn up by the Plaintiff around May 31, 2001 includes the statement that “the Plaintiff lent 3% interest per month to the launching station.”

E. On June 24, 2002, C borrowed a total of KRW 28,500,000 from the Plaintiff, and issued a note to the Plaintiff, stating that “A will pay interest at the rate of 3% per month.”

2. According to the above facts of recognition, C borrowed KRW 3,00,000 from the Plaintiff around June 25, 200, and KRW 6,000,000 from July 12, 200, respectively, at the rate of 3% per month. The Defendant, at the time of borrowing each of the above money, borrowed or guaranteed C’s obligation to pay interest and delay damages to the Plaintiff jointly with C by preparing and granting a loan certificate in its name to the Plaintiff at the time of borrowing each of the above money. The Plaintiff voluntarily recognized that C and the Defendant received payment of interest and delay damages from April 23, 2004.

Therefore, the Defendant’s agreement is based on the agreement on the Plaintiff’s total amount of KRW 9,00,000 (= KRW 6,000,000) and the amount of KRW 6,000 from April 24, 200 to the date of full payment.