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Reasons
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(영문) 서울서부지방법원 2020.02.07 2019가단7283
대여금
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1. The Defendant’s KRW 150,000,000 and the Plaintiff’s KRW 620,000 per month from June 23, 2018 to October 11, 2019.

Reasons

1. Facts of recognition;

A. On December 24, 2014, the Defendant drafted a “money borrowed certificate” with the following content as the obligee, the obligor, and the Plaintiff.

It is true that the Defendant borrowed the amount of KRW 150 million from the Plaintiff on December 24, 2014.

Interest shall be served on the Plaintiff’s bank account at the 23th day of each month at the bank interest rate and the principal shall be repaid on December 24, 2015. If interest is overdue for at least one month, I shall lose the benefit of time and shall have no objection to the claim at any time.

Accordingly, I deliver the loan certificate to the plaintiff.

B. On December 24, 2014, the date of preparation stated in the above loan certificate, the Plaintiff completed the registration of creation of a mortgage over the amount of KRW 195 million with respect to the debtor, the mortgagee-mortgage D Association, the maximum debt amount of KRW 195 million, and borrowed KRW 150 million from D Association.

C. Since June 22, 2018, the Defendant remitted KRW 620,000 to the Plaintiff’s account by June 22, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion 1) If the Defendant lent KRW 150 million to the Defendant, the bank would pay the principal monthly and pay the principal on December 24, 2015, and the Plaintiff borrowed KRW 150 million to the Defendant on December 24, 2014. The Defendant did not pay the principal on December 24, 2015, but the bank continued to transfer KRW 620,000,000 to the Defendant on December 24, 2015. However, the Defendant believed that the Plaintiff would pay the principal to the Defendant as well as the bank did not pay the principal until now after the bank remitted KRW 620,000 to the Defendant on June 22, 2018. Therefore, the Plaintiff asserted that the Defendant’s payment of the principal to the Defendant from June 23, 2018 to June 23, 2018.

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