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(영문) 울산지방법원 2018.11.22 2018가합20671
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 18, 2013, the Plaintiff prepared a loan certificate on June 27, 2011 with the content that the Defendant borrowed KRW 375 million from the Plaintiff on June 27, 2011 at the interest rate of KRW 1.5% per annum and the due date of repayment as of December 31, 2014 (hereinafter “the instant loan certificate”) with the Defendant’s representative director C (hereinafter “C”), and obtained certification from a notary public on the same day.

B. Meanwhile, C discontinued its business on September 20, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. On June 27, 2011, the Plaintiff, as the cause of the Plaintiff’s claim, lent a total of KRW 420 million to the Defendant, not KRW 420,000,000,000,000,000 from the Defendant, and received a loan certificate from the Defendant as the Defendant, the borrower, and the due date for payment for three months.

However, the Defendant did not pay only a part of them, and did not pay KRW 375 million to the Plaintiff. On November 18, 2013, the Defendant prepared a new certificate of loan to the Plaintiff and notarized it. On the other hand, the Defendant completed the instant certificate of loan with the amount of KRW 375 million and the borrower changed to C, and received notarized, the borrower recovered the previous certificate of loan with the Defendant.

However, the Plaintiff was aware of deception from the Defendant that not only C but also the Defendant was still liable, and was given a consent to the replacement of the above loan certificate, but not exempted from the Defendant’s liability.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 375 million which has not yet been paid out of the loan amounting to KRW 420 million.

B. On June 27, 2011, the Plaintiff asserted that the Plaintiff invested a total of KRW 420 million in C on condition that the Plaintiff’s husband D works in C, and C as to the above KRW 420 million, the lender and the joint guarantor as the Defendant, and the interest accrued therefrom.

However, after that, when D retires from C, the Plaintiff was above.

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