beta
(영문) 대전지방법원서산지원 2014.09.18 2013가합3391

대여금 등

Text

1. As to the Plaintiff KRW 59,500,000 and KRW 48,500,00 among them, the Defendant shall pay to the Plaintiff KRW 11,00,000 from December 31, 201.

Reasons

1. Judgment as to the main claim

A. The Plaintiff’s assertion 1) On June 29, 2007, between the Defendant and the Plaintiff, and the Seosan Livestock Industry Cooperatives (hereinafter “Seosan Livestock Industry Cooperatives”) (hereinafter “Seosan Livestock Industry Cooperatives”).

(2) In the event that the Defendant opened a loan limit of KRW 70 million and delivered the loan amount to the Defendant, the Defendant agreed to pay the loan amount by June 29, 2009. From June 29, 2007 to June 29, 2009, the Defendant paid on behalf of the Plaintiff the loan amount of KRW 48.5 million as the Defendant did not pay the loan amount of KRW 48.5 million out of the loan amount by using the said account in the Seosan Cooperatives. (2) On December 14, 2011, upon receiving a request from the Defendant that the Defendant borrow money from the Defendant and then lent the loan amount of KRW 20 million to the Defendant on a one-month basis.

3) On February 14, 2012, upon receiving a request from the Defendant to lend money to the Defendant to pay credit card bills, the Plaintiff lent KRW 10 million to the Defendant by fixing the due date for payment within one month. The Defendant prepared a loan certificate in the name of C and delivered it to the Plaintiff. 4) On October 29, 2012, upon receiving a request from the Defendant to the Defendant to lend money to the Defendant for the marriage expenses of his/her father, the Plaintiff lent KRW 11 million to the Defendant one month after the due date, and the Defendant prepared a loan certificate in the name of D and delivered it to the Plaintiff.

5) Therefore, the Defendant is obligated to pay the Plaintiff the sum of KRW 89.5 million ( KRW 20 million, KRW 11 million, KRW 10,000,000) and damages for delay thereof. (B) According to each of the statements in the evidence No. 7 and No. 85 million and the evidence No. 2-1 and No. 2 of the above amount, according to the following: (a) the Plaintiff opened a lending account in the Seosan Cooperatives on June 29, 2007 and delivered the passbook and seal No. 70 million to the Defendant; and (b) the Defendant obtained loans from the above account to June 29, 2007 and used the money from the Seosan Cooperatives on June 29, 2007 from June 29, 2007 to June 29, 2007 to the Plaintiff from time to time.