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(영문) 광주지방법원 2016.03.18 2015나7233
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. While the Defendant borrowed money from the Plaintiff from around 2004, on September 22, 2008, the Defendant prepared a certificate of borrowing from the Plaintiff. The content of the certificate was borrowed from the Plaintiff, and repaid 20 million won and 20 million won in 29,000 won per month. On one occasion, the interest shall be paid as legal interest, and the Defendant’s mother, the Defendant’s mother, shall be a joint and several surety.

B. On September 26, 2008, the Defendant filed an application for individual rehabilitation with the Gwangju District Court 2008 Gwangju District Court 2008Da30512, and the Plaintiff did not report the Plaintiff’s claim on the rehabilitation claim of the case.

C. The Defendant’s husband D transferred a total of KRW 4 million over six times from November 10, 2008 to February 2, 2009 to the Plaintiff, and C transferred KRW 1 million from March 4, 2009 to April 30, 2010 to KRW 15.

On May 2010, the Plaintiff prepared to the Defendant a document stating “I million won,” along with the Plaintiff’s name and resident registration number.

E. From June 30, 2010 to January 10, 2014, the Defendant paid a total of KRW 1050,000 to the Plaintiff over 40 times.

[Ground of recognition] Evidence No. 4, Evidence No. 1 to No. 3, and the purport of the whole pleading

2. The parties' assertion

A. Since the Defendant’s debt owed to the Plaintiff by the Plaintiff remains in excess of KRW 20 million, the Defendant is obligated to pay the said money and the damages for delay.

The plaintiff did not settle the defendant's and the defendant's debt amounting to KRW 30 million, and the defendant paid KRW 10 million to the plaintiff with interest on the existing debt.

B. On September 22, 2008, the Defendant asserted that the Defendant settled the entire debt of the Plaintiff and the Defendant at KRW 30 million. Among them, KRW 20 million is repaid only as principal, and KRW 10 million is jointly and severally guaranteed by the Defendant’s mother, and the remainder KRW 10 million is repaid only as much as the Defendant is able to pay the principal without interest, and the Defendant paid KRW 10 million to the Plaintiff as above.

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