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Reasons
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(영문) 대전지방법원 2017.08.30 2016가단212187
대여금
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1. Defendant B:

(a) 5,000,000 won and its related thereto from October 6, 2014:

(b) 1,825,000 won and its corresponding;

Reasons

1. Facts of recognition;

A. On October 6, 2014, the Plaintiff entered into a monetary loan agreement with Defendant B to lend KRW 5,000,000, interest rate of KRW 2.5% per month, and due date of payment on October 6, 2015, and lent KRW 5,000,000. Defendant C became a guarantor for the above loan obligations.

B. On October 29, 2014, the Plaintiff entered into a monetary loan agreement with Defendant B to lend the principal amounting to KRW 2,000,000, interest rate of KRW 2.5% on October 29, 2015, and due date of payment of KRW 1,825,000,000 on October 29, 2015 (i.e., Party A’s loan certificate was written as KRW 7,00,000 on October 6, 2014). In fact, the Plaintiff, as a result, remitted the amount of KRW 1,825,000 after deducting advance interest, etc.

C. On November 10, 2014, the Plaintiff decided to lend KRW 3,000,000 to Defendant B, and transferred KRW 2,865,00,000 after deducting the interest in good faith.

Defendant B agreed to pay interest of 2.9% per month on January 6, 2015 when preparing a certificate of borrowing from the Plaintiff, including the above loan amount of KRW 3,00,000,000, as seen in the following sub-paragraph (e).

D. Around January 2015, the Plaintiff agreed to lend KRW 20,000,000 to Defendant B at an interest rate of 2.9% per month, and in fact, on January 6, 2015, the Plaintiff agreed to lend KRW 2,00,000 to Defendant D at an interest rate of 2.9% per month, and the same month.

7. The Defendant B remitted KRW 14,000,000 to Defendant B.

E. On January 6, 2015, Defendant B and Defendant D drafted a loan certificate with the interest rate of KRW 30,00,000,000 by aggregating the loan amounts under the above A, B, C, and D as the principal obligor; Defendant D as the principal obligor; Defendant B as the joint obligor; and Defendant B as the interest rate of KRW 2.9% per month.

(B) On the above loan certificate, the name of the creditor is E, the plaintiff, but the creditor of the above loan is the plaintiff and the Daejeon District Court 2015Da356666. On the other hand, the defendant C decided on January 6, 2016 that "the appointment of B as a temporary guardian," and on June 28, 2016, "a limited guardian commences and a limited guardian is appointed."

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