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(영문) 대전지방법원 2017.07.11 2017가단6822

대여금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 133,787,863 and KRW 129,400,000 among them, and the aforementioned amount shall be from September 14, 2015.

Reasons

1. Determination as to the cause of claim

A. 1) From 2010 to 2010, the Plaintiff loaned money to the Defendants several times. 2) On April 15, 2014, the Defendants prepared and delivered the following loan certificates (hereinafter “the instant loan certificates”) in the sense of settling the claims and obligations arising from the existing monetary transactions to the Plaintiff.

The next amount of KRW 130,00,000 shall be collected regularly, and the above amount shall be deposited until December 31, 2014, and if the promise is made, it shall be possible to solve it by any means.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including virtual number), the purport of the whole pleadings

B. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 130,000,000 based on the loan certificate of this case and damages for delay from January 1, 2015 to the date of full payment.

2. Judgment on the defense

A. The Defendants asserted that the Defendants paid KRW 49,750,000 in total on several occasions to the Plaintiff from November 30, 2010 to September 13, 2015.

B. Inasmuch as it is acknowledged that the Defendants paid KRW 49,00,000 to the Plaintiff from November 30, 2010 to April 1, 2014, the Defendants paid KRW 49,000 to the Plaintiff from November 30, 2010 to April 1, 2014, this cannot be deemed as a repayment of the above agreed amount, since it was a circumstance before the establishment of the agreed amount claim based on the instant loan certificate, and further, in light of the developments leading up to the preparation of the instant loan certificate, it appears that the aforementioned payment was considered when the Plaintiff and the Defendants settled the existing loan, and the Defendants’ defense as to the above portion cannot be accepted, comprehensively taking account of the purport of the entire statement as to KRW 75,00,000 from August 20, 2014 to September 13, 2015.