(영문) 수원지방법원 2015.07.07 2014가단18359

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(영문) 수원지방법원 2015.07.07 2014가단18359

대여금

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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 49,03,700 and KRW 30,800,000 among them, from November 4, 2009 to July 2014.

Reasons

The plaintiff asserts that the plaintiff of the judgment party as to the cause of the claim lent the defendants a total of KRW 100 million on April 6, 2004, and KRW 50 million on April 15, 2004, to the defendants, and sought payment of the outstanding principal and interest.

On April 6, 2004, the Defendant borrowed respectively KRW 20 million on April 6, 2004, and KRW 50 million on April 15, 2004, and on April 15, 2004, the same month at the Plaintiff’s request.

6. Although the borrowed amount stated on the loan certificate as “30 million won”, the increased KRW 10 million cannot be deemed as having been arbitrarily calculated by the Plaintiff, and thus, the borrowed amount is a total of KRW 70 million.

Judgment

According to Gap evidence Nos. 1 and 2, the plaintiff shall pay 30,000 won per 2.3 million won per day from April 6, 2004 to the defendants as follows: "The plaintiff borrowed 20 million won on April 6, 2004 and paid 80,000 won on April 6, 2005 (the Gap evidence No. 1; hereinafter referred to as "the first loan certificate of this case"); and (2) The loan of 50 million won on April 15, 2004; and 30,000 won per day from April 6, 2004 to pay 126,300 won each month; and 80,000 won in total from April 6, 2004 to borrow 8,000 won; hereinafter referred to as "the loan certificate of this case")."

the receipt of each such order shall be recognized.

In light of the following circumstances acknowledged in full view of the facts recognized as above and the purport of the entire pleadings, the Plaintiff loaned KRW 20 million to the Defendants on April 6, 2004, and additionally lent KRW 50 million to the Defendants on the 15th of the same month, and it is recognized that the Plaintiff newly entered into an agreement for return of the principal and interest of the loan including KRW 20 million on April 6, 2004, as indicated in the second loan certificate with the Defendants.

① On April 6, 2004, the Plaintiff extended additional loans of KRW 50 million to the Defendants, as well as KRW 50 million on April 15, 200, and received a loan certificate on or around the 15th of the same month.

6. Of the loans of KRW 50 million, interest for KRW 20 million was friendly with the Defendants.

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