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(영문) 대전지방법원서산지원 2016.09.27 2015가단9716
대여금
Text

1. The Defendant’s KRW 150,000,000 as well as 10% per annum from October 1, 2015 to October 23, 2015 to the Plaintiff.

Reasons

1. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff lent to the Defendant a total of KRW 13,50 million from May 23, 2012 to August 8, 2013. The Plaintiff and the Defendant drafted a loan certificate on September 30, 2014, stating the loan principal amounting to KRW 150,000,000 including interest on the loan, and the due date on September 30, 2015, the loan certificate stating the loan principal amounting to KRW 150,00,000 including interest on the loan, and the interest rate of KRW 10,00,000 per annum (hereinafter “the loan certificate of this case”).

Therefore, the Defendant is obligated to pay the principal and interest stated in the instant loan certificate to the Plaintiff. (2) The Defendant’s repayment statement asserted is difficult to recognize either the repayment of the principal stated in the instant loan certificate or the amount thereof.

In addition, the plaintiff merely recommended the defendant to pay his/her own money with C and received money from C, and did not clearly express his/her intent to waive the plaintiff's claim when the defendant withdraws a civil lawsuit against C or revokes a criminal complaint.

B. The gist of the Defendant’s assertion 1) The Defendant repaid the Plaintiff KRW 18.2 million with respect to the borrowed amount stated in the instant loan certificate, and repaid KRW 10 million to D according to the Plaintiff’s direction, and paid KRW 20 million with the pretext of the church donation. As such, the Defendant’s borrowing amount to the Plaintiff is KRW 84.3 million, the Defendant’s borrowing amount to the Plaintiff is KRW 84.3 million. 2) If the Plaintiff withdraws the Defendant’s civil lawsuit (this Court Decision 2015Da50773, hereinafter “instant civil lawsuit”) filed against the Defendant Nonparty C, the Plaintiff’s husband, who is the husband of the Defendant, against the Defendant, the Plaintiff would waive the Plaintiff’s claim based on the Plaintiff’s borrowing certificate.

After that, the defendant filed a criminal complaint against C in fraud, and when the plaintiff revoked the criminal complaint, the defendant revoked the criminal complaint on the ground that he/she renounced his/her claim based on the loan certificate of this case.

Therefore, the Plaintiff renounced the claim based on the instant loan certificate.

2. Evidence A of Nos. 1 through 6 of the judgment on the cause of the claim.

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