beta
(영문) 수원지방법원 2017.01.10 2016가합73579

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 6, 2011, the Plaintiff lent KRW 400,000,00 to the Defendants, and the Defendants agreed to pay KRW 500,000,000 including interest to the Plaintiff until August 25, 2011.

B. On May 6, 2011, the Defendants issued a note 500,000,000 won at face value, the Defendants, the issuer, and the date of payment, August 25, 2011, respectively. On July 6, 201, when delay in the payment of the said note to the Plaintiff, the Defendants issued a promissory note 1 in Seoul Special Metropolitan City. On July 6, 2011, a notarial deed stating that there is no objection even if a notary public is immediately subject to compulsory execution (No. 610 of the No. 2011).

[Ground of Recognition: Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1, the result of an examination by the principal against F of this Court, the purport of the whole pleadings]

2. According to the above facts of recognition as to the cause of claim, the Defendants are jointly and severally liable to pay to the Plaintiff the above loans of KRW 500,000,000 and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 25, 201 to the date of delivery of a duplicate of the instant complaint, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. Determination as to the defendants' defense

A. On March 7, 2012, the Plaintiff asserted by the Defendants: (a) concluded that KRW 589,200,000 of the total amount of the loan principal and KRW 215,000,000 from Defendant B Co., Ltd. (hereinafter “Defendant B”); (b) KRW 515,000,000,000, which were the total amount of the loan principal and KRW 215,000,000, which were the loan, shall be settled after the completion of the construction of the G building; and (c) the remainder of KRW 25,00,000,000, which was the remainder after the completion of the construction of the G building; and (d) thereafter, the Plaintiff’s loan to the Defendants was extinguished due to the agreement.

B. Determination Gap evidence Nos. 3, Eul evidence Nos. 2, 3, 5, 7, and 9