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(영문) 수원지방법원안양지원 2019.01.24 2018가단3432

대여금

Text

1. Defendant B’s KRW 50,000,000 as well as 5% per annum from May 3, 2018 to January 24, 2019, and the following.

Reasons

1. On August 13, 2014, the Plaintiff leased the Defendant B with a loan certificate of KRW 16.8 million on August 13, 2014, and KRW 15 million on November 20, 2014 on the same month, and then was issued by Defendant B with a loan certificate of KRW 30 million on November 15, 2014 until November 18, 2015.

At this time, Defendant B written the name and resident registration number of Defendant C and affixed the seal of Defendant C on the loan certificate of KRW 30 million.

After that, on April 22, 2016, the Plaintiff was drafted with a loan certificate to lend KRW 19.5 million to Defendant B and to pay KRW 20 million from Defendant B until April 30, 2017.

[Reasons for Recognition] Each entry of Gap 1, 2, and 6 (including attachment of provisional number; hereinafter the same shall apply) without dispute

2. Determination as to the claim against the defendant B

A. According to the above facts on the grounds of the claim, Defendant B shall pay to the Plaintiff the loan amounting to KRW 50 million (hereinafter “instant loan”) and damages for delay.

B. Defendant B acknowledged the fact of borrowing KRW 50 million from the Plaintiff, but asserted that Defendant B paid KRW 64.9 million from September 23, 2014 to January 3, 2018 and paid in excess of the above loan.

As to this, the Plaintiff asserts that the money that Defendant B paid to the Plaintiff from September 23, 2014 to December 1, 2015 is not the repayment of the said borrowed money, but the repayment of the said money in a separate monetary loan relationship.

Comprehensively taking account of the overall purport of the pleadings as to the statement No. 1, Defendant B paid KRW 64.9 million to the Plaintiff from September 23, 2014 to January 3, 2018. The following circumstances, namely, Plaintiff B and Plaintiff husband D, on the premise that the loan amount from August 2017 to March 6, 2018 is KRW 50,000,000,000, were not repaid to Defendant B. Accordingly, Defendant B did not dispute the amount of the loan.