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Reasons
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(영문) 수원지방법원 2019.12.10 2018가단31695
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff loaned KRW 61,663,600 in total to the Defendant (hereinafter “instant loan”) as follows, and the Defendant drafted to the Plaintiff a certificate of borrowing that the Plaintiff would repay KRW 54,00,000 to KRW 54,00,00 as stated in the table Nos. 3-6 below to the Plaintiff by May 30, 2013.

The amount of temporary loan No. 1 23,00,000 on December 4, 2012 1, 2012; 23,000,000 on December 5, 2012; 930,000 on December 5, 2012; 3,000 on April 15, 2013; 7,000,000 on January 15, 200 on January 18, 2013; 4,000,00 on January 28, 200 on January 28, 2013; 200,007; 13,25,200,000,000 on August 23, 2013; 200, 603,606,6063,606,606,606, June 6, 2016

B. On December 22, 2016, Suwon District Court Sejong District Court (2016 Highest 1406), the Defendant’s Housing Site Board (201dan1406) is against the Plaintiff.

It was sentenced to 2 years of imprisonment by recognizing the guilty of the crime of fraud that acquired the money stated in the paragraph, and the defendant appealed and appealed, but all of the appeals were dismissed.

(C) The District Court 2017No384, Supreme Court 2017Do6252).

In relation to the instant loan, the Defendant repaid KRW 58,630,000 to the Plaintiff as indicated in the following table, and deposited KRW 10,000,000 on December 13, 2016 under the said criminal trial.

Serial 1 1: 00 on April 19, 2013; 20 on June 26, 2013; 2,000,00,00 on June 26, 2013; 3.2,00 on August 22, 2013; 00,00 on October 2, 20, 200 on May 22, 2013; 1,50,00 on June 23, 2013; 1,50 on December 23, 2013; 1,00,00 on June 1, 20, 200; 1,00 on July 20, 207; 1, 200 on August 24, 2014; 1, 2005; 1,000 on May 1, 205, 2014;

2. The assertion and judgment

A. 1) The Plaintiff leased KRW 61,663,600 to the Defendant from December 4, 2012 to February 25, 2013. As such, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 61,663,600 and the damages for delay thereof. 2) The Defendant is obligated to pay the Plaintiff the above loan amount of KRW 61,663,600 and the damages for delay.

1.(c)

68,630,00 won was repaid as described in the paragraph.

B. The Defendant’s repayment of KRW 68,630,000 to the instant loan.

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