차용금
1. The plaintiff's claim that the court changed in exchange is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 8, 2014, the Plaintiff invested KRW 200 million to the Defendant with regard to the purchase of forest C & C in Incheon, Incheon, Incheon, with a view to KRW 68,009 square meters.
B. On the same day, the Defendant prepared a loan certificate stating that “the Defendant borrowed KRW 200 million from the Plaintiff and would repay the said KRW 200 million to November 8, 2014,” with respect to the said KRW 200 million to the Plaintiff.
C. After doing so, the Defendant prepared a written confirmation to the Plaintiff that “the above KRW 200 million shall be repaid until November 28, 2014, and if the repayment is not possible by the above deadline, KRW 260 million shall be paid until December 8, 2014, and if the payment is not possible, KRW 260 million shall be lent to the Plaintiff.” In addition, the Defendant prepared a written confirmation to the effect that “the Plaintiff shall be paid KRW 260 million by lending the bonds.”
D received money of KRW 260 million from the plaintiff on behalf of the defendant, and the defendant was only the defendant on December 16, 2014 with the plaintiff.
In that place, the Plaintiff and the Defendant concluded an agreement that “D shall borrow KRW 260 million from D by subrogated for the Defendant’s debt amounting to KRW 260 million against the Plaintiff, and instead, the Defendant shall pay KRW 360 million to D on March 5, 2015, by adding an amount calculated at the rate of 24% per annum from the date following the date of the foregoing payment, and if it pays all debts on January 2015 prior to the date of payment, it shall pay KRW 310 million reduced by KRW 50 million (hereinafter “instant agreement”).
E. On November 9, 2016, the Plaintiff filed the instant lawsuit against the Defendant, asserting that “A loan of KRW 200 million to the Defendant on May 8, 2014,” and the first instance court dismissed the Plaintiff’s claim on the ground that “D entered into the instant contract with the Defendant on November 8, 2017, and the Defendant exempted the Defendant from the Defendant’s obligation to borrow loans.” The Plaintiff appealed.
F. On November 21, 2017, the Plaintiff acquired the claim under the instant contract from D, and subsequently, acquired it.