대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff and the defendant are the colonies.
B. On March 25, 1995, the Plaintiff lent KRW 47 million to C as the introduction of the Defendant.
C and D agreed to pay the above money by October 30, 1997.
The defendant did not sign or affix his seal on the letter of payment (No. 2-1).
C. On March 25, 1995, the Plaintiff lent KRW 20 million to C on March 25, 1995 as the due date for repayment set on March 25, 1996, and D and the Defendant jointly and severally guaranteed the above obligation of C.
On February 28, 1996, the plaintiff set the payment period of KRW 3 million to the defendant as the end of February 1997.
E. The Defendant filed a petition for bankruptcy and an application for immunity with the Ulsan District Court Decision 2012Hadan239, 2012Ha2,239, and the Defendant was granted immunity from the Ulsan District Court on June 24, 2013 and confirmed as is on July 9, 2013. At the time of the application for immunity, the creditor list was missing the Plaintiff’s claim against the Defendant (the foregoing DaRa).
F. The Defendant asserted in the written reply that the Plaintiff recovered KRW 15 million out of KRW 67 million ( KRW 47 million) that the Plaintiff lent to C.
(F) On September 5, 2015, the Defendant prepared a debt approval certificate to the Plaintiff, stating that “The Defendant, the borrower, was unable to pay to the Plaintiff KRW 52 million borrowed from the Plaintiff on February 15, 1996. The borrower, instead of KRW 52 million, the Defendant, who borrowed KRW 52 million against the Plaintiff, shall transfer the Plaintiff’s registration to the Plaintiff.”
[Reasons for Recognition] Facts without dispute, Gap evidence 2-1, 2, 3, Gap evidence 3, Gap evidence 7-1, the purport of the whole pleadings
2. Determination as to the cause of action
A. On the basis of the above certificate of debt approval, the Plaintiff claims 52 million won and damages for delay against the Defendant.
The above KRW 52 million seems to include the amount of KRW 47 million that the plaintiff lent to C by the defendant's introduction.
52 million won = 47 million won - Amount of KRW 20 million - Amount of KRW 15 million as claimed by the Defendant in the Answer
H. 1.d.
The amount of KRW 3 million is missing.