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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 10, 200, the Plaintiff’s husband C borrowed KRW 70,000,000 from the Defendant on behalf of the Plaintiff, and the Plaintiff borrowed KRW 10,000,000 from the Defendant on behalf of the Plaintiff, and the same year until May 27, 200, respectively.
6. up to 27.20,000,000 won for the same year; and
7. up to 27.20,000,000 won for the same year; and
8. By 27. 20,000,000 won shall be paid in installments. If the debtor delays the payment of the above borrowed amount, damages for delay calculated at the rate of 25% per annum shall be paid, as well as due interest shall be forfeited, and compulsory execution shall be accepted immediately.
'Notarial Deed' to the effect that 'Notarial Deed of Money Loan Agreements' is 'Notarial Deed'.
Then, the above C made a joint and several guarantee of the Plaintiff's above loan obligation against the Defendant.
B. The Plaintiff’s KRW 10,000,000 on May 27, 2000 to the Defendant for the same year
6. 27. 20,000,000 each repaid.
C. The Defendant did not repay KRW 20,000,000 until July 27, 2000, with the title of execution of the instant notarial deed, received the attachment and assignment order of claims on July 6, 2001 (hereinafter “instant claim attachment and assignment order”) from the former District Court D, which requested the attachment and assignment order of claims against the Plaintiff’s wage claim against Jeollabuk-do as the notarial deed as the title of execution. The said order became final and conclusive on July 24, 2001.
Jeollabuk paid to the Defendant the principal amounting to KRW 40,00,000 and delay damages amounting to KRW 8,547,945 (= KRW 40,00,000 x 312/365) pursuant to the instant claim attachment and assignment order (= KRW 40,547,945).
【Unfounded facts, entry of evidence Nos. 1, 2 and 3, and the purport of the whole pleadings】
2. Summary of the parties’ assertion
A. The gist of the Plaintiff’s assertion is the Defendant’s lending KRW 70,000 to the Plaintiff, and the instant notarial deed was prepared. However, the money actually lent thereafter is limited to KRW 50,00,000. The principal and interest delayed at the time of the seizure and assignment order of the instant claim is also the sum of KRW 20,000,000 as principal and interest accrued at the time of the seizure and assignment order of the instant claim, and KRW 4,273,972.