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Reasons
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(영문) 광주고등법원(전주) 2017.11.09 2016나931
대여금
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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 1, 1998, the Defendant drawn up a note of payment (Evidence A 2) with the following content written to the Plaintiff (hereinafter “instant note of payment”).

The defendant, on January 15, 1997, paid to the plaintiff from February 10, 1999, with the amount of security offered and guaranteed by D when the loan was made in the name of the Co., Ltd. (the plaintiff was a representative director) at the Kaam branch of the NAF and the amount guaranteed by D when the loan was made in the name of the Co., Ltd. at the Kaam branch of the NAF at the Kaam branch of the NAF, 197.

(b) Preparation of a written agreement (Evidence 5);

1. The plaintiff must immediately terminate the provisional seizure on the F real estate in the Gunsan City sold to E, etc.

2. The defendant shall pay to the plaintiff KRW 300 million after selling the above real estate to another person.

On April 21, 2006, the Plaintiff and the Defendant drafted a written agreement with the following contents (hereinafter “instant agreement”).

C. The defendant preparing the certificate of borrowing (No. 1) shall borrow 260 million won from the plaintiff, and the repayment method shall be repaid in one million won per month, and if possible, part of the remainder shall be repaid even during the period.

(W) The payment shall be made in full from November 2006 to 1.5 million won, and shall be made in full if the defendant's capital gains accrue.

On April 21, 2006, on which the instant agreement was signed and sealed, the Defendant separately drawn up the following loan certificates (hereinafter “the instant loan certificates”) to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 6, the purport of the whole pleadings

2. The Plaintiff seeking payment of money pursuant to the agreement on the loan certificate of this case against the Defendant in determining the cause of the claim.

According to the facts acknowledged above, the defendant is entitled to KRW 260 million according to the agreement on the loan certificate of this case and the plaintiff's claim against the plaintiff, unless there are special circumstances.

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