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(영문) 청주지방법원 2014.11.06 2014가합373

대여금 등

Text

1. As to KRW 145,139,019 and KRW 144,962,856 among the Plaintiff, Defendant B shall be from March 27, 2014 to November 6, 2014.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the fourth floor building on the D’s ground in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the Defendants are married couple, from 2009 to 2010, Defendant B operated the first floor restaurant of the above building, and Defendant C operated the party hall from the second floor to the second floor.

B. From February 2, 2009, the Plaintiff lent money several times to Defendant B, and on December 3, 2010, written the following loan certificates with Defendant B (hereinafter “the instant loan certificates”). Defendant B signed and sealed Defendant B’s signature and seal on the above loan certificates with Defendant B’s “user,” and Defendant C’s signature and seal as Defendant C’s surety,” and Defendant C did not have such employment.

The principal of the loan certificate: interest of KRW 155,50,000: 17,500,000,000, with a view to borrowing the above amounts and paying the said principal and interest to the Plaintiff by May 30, 201, and at the same time, with a view to ensuring that the said principal and interest shall be held liable for civil and criminal liability in the event of a failure to pay.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Claim against the defendant B

A. According to the above facts finding as to the cause of the claim, Defendant B is obligated to pay the Plaintiff the amount of KRW 173,00,000,000 (= KRW 155,500,000) (i.e., KRW 17,500,000) and damages for delay from May 31, 2011 to the date of full payment, which is the day following the due date for payment.

B. The summary of Defendant B’s defense of repayment was borrowed total of KRW 382,915,00 from the Plaintiff to the Plaintiff’s account from September 1, 2009 to August 10, 201, and transferred KRW 252,59,70 to the Plaintiff’s account in the name of the Plaintiff. From September 25, 2009 to January 24, 2011, Defendant B transferred KRW 50,176,800 to the account in the name of E, and from April 17, 2009 to December 25, 201, the Plaintiff was the Plaintiff.

Therefore, Defendant B’s total sum of the borrowed money of this case paid to the Plaintiff 440,436.