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(영문) 전주지방법원 2018.06.07 2017나9643

대여금

Text

1. Of the judgment of the first instance court, KRW 13,500,000 against the Plaintiff and its related thereto, from November 11, 2016 to June 7, 2018.

Reasons

1. Facts of recognition;

A. From February 2015, the Plaintiff and the Defendant had a continuous transactional relationship where the Plaintiff lent money to the Defendant and received the money from the Defendant.

B. On May 27, 2016, the Defendant prepared and rendered to the Plaintiff a certificate of borrowing the following content.

The debtor borrowed the amount above KRW 13,50,000 from the creditor on May 27, 2016.

Interest shall be repaid at 1.2% per annum by the 24th day of each month, and the principal shall be repaid to the creditor by August 31, 2016.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 4, 6 through 27, 30 through 33, 35, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff lent KRW 55,496,950 to the Defendant from February 20, 2015 to June 20, 2016, and received KRW 33,009,00 among them, and the Defendant is obligated to pay the Plaintiff KRW 22,487,950 and damages for delay.

B. Of the money borrowed from the Plaintiff, the unpaid amount is KRW 8,00,000,000, and the Defendant did not borrow money from the Plaintiff on May 27, 2016 after transferring KRW 5,000,000 to the Plaintiff.

After that, the money between the plaintiff and the defendant is only money used in the course of gambling to gain a benefit by the plaintiff and the defendant, not money lent to the defendant by the plaintiff.

3. Determination

A. On May 27, 2016, the Defendant prepared a loan certificate stating that “the Defendant borrowed KRW 13,500,000 from the Plaintiff” to the Plaintiff on May 27, 2016. The Plaintiff and the Defendant appears to have settled the remaining amount of the rent in KRW 13,50,000 on the same day.

Therefore, barring any special circumstance, the Defendant’s obligation to perform is established and the scope of the obligation of the Defendant from November 11, 2016, following the delivery of a copy of the instant complaint sought by the Plaintiff as a result of the Plaintiff’s repayment period of KRW 13,50,000 to the Plaintiff.