(영문) 대구지방법원김천지원 2020.12.16 2020가단31711

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(영문) 대구지방법원김천지원 2020.12.16 2020가단31711

대여금

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 175,00,000 and the interest rate from March 1, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 1, 2016, Defendant B lent KRW 200,000,00 to Defendant B and received KRW 1,000,000 per month as interest. However, Defendant B prepared and delivered a “cash receipt” to E to the effect that the principal should not be returned within two years (hereinafter “the instant cash receipt”). If an event occurs, Defendant B agreed to perform the said contents and pay the said contents to the person holding the cash custody certificate of this case.

B. At the time of the preparation of the cash storage certificate of this case, Defendant C and D jointly and severally guaranteed the debt incurred by Defendant B by signing as joint and several sureties and preparing the cash storage certificate of this case (hereinafter “debted debt of this case”).

C. On August 31, 2018, Defendant B delivered to E a copy of the KRW 10,000 Check and one copy of the KRW 5,000,000 Check. The Plaintiff received the said check from E and presented payment proposal on September 4, 2018.

On the other hand, E died on November 2018 (hereinafter “the deceased”), and currently the Plaintiff holds the cash custody certificate of this case.

E. From January 31, 2019 to February 29, 2020, Defendant B, after the deceased’s death, remitted 1,000,000 won to the Plaintiff as interest accrued from the cash custody certificate of this case as of the end of each month. The Plaintiff is also the Plaintiff.

upon receipt of the check money stated in subsection (1), KRW 25,00,000 out of the loan money of this case has been repaid.

[Reasons for Recognition] Defendant B: The absence of dispute, entry in Gap 1, 2, and Eul 2 and 3 evidence, the purport of the whole pleadings, defendant C, D: Service by public notice, and deemed confession

2. Determination as to the claim against the defendant B

A. According to the above facts finding as to the cause of the claim, Defendant B is obligated to pay to the Plaintiff the amount of KRW 175,000,000 which was not repaid out of the loan debt of this case and the interest or delay damages incurred therefrom, unless there are special circumstances.

B. Defendant B’s assertion of reimbursement regarding Defendant B’s assertion of reimbursement.

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