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(영문) 수원지방법원 2020.02.18 2019나57282
대여금
Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) determined on January 6, 2014 as interest rate of KRW 5% per annum and May 10, 2014; (b) determined as the due date on June 30, 2014; (c) determined as the due date on June 30, 2014; (d) determined as the due date for payment KRW 20,000,000 as the due date for payment on June 30, 2014; and (d) lent KRW 130,000,000 as the due date for payment on June 30, 2014; and (e) determined as the due date for payment on February 26, 2014 as interest rate of KRW 5% per annum and as the due date for payment on June 30, 2014.

B. On May 29, 2014, Defendant B prepared a certificate of borrowing KRW 120,000,000, including the amount of KRW 60,000,000, annually, and the due date for repayment on June 30, 2014, and issued it to the Plaintiff.

C. On October 30, 2015, Defendant Company prepared and issued to the Plaintiff a payment certificate stating that KRW 85,00,000,000, out of the land price to be paid to Defendant B, would be paid to the Plaintiff in installments each month from November 25, 2015 to August 25, 2016, and Defendant B signed and sealed the said payment certificate as the guarantor.

Defendant D, around October 29, 2015, prepared and delivered to the Plaintiff a written confirmation of payment of KRW 50,000,000 to deposit to the Plaintiff’s passbook by June 30, 2016, and Defendant B signed and sealed the said written confirmation.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including branch numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that Defendant B borrowed a total of KRW 434,00,000 from the Plaintiff and repaid KRW 345,00,000 among them as indicated in the separate sheet of calculation of appropriation amount, and the remaining amount of KRW 136,110,929, and the Defendant Company paid KRW 85,000 out of the above amount to Defendant B and each of them according to the above written confirmation of payment (the Defendant Company decided to pay KRW 85,00,000 to the Plaintiff in installments in accordance with the written request for payment from November 25, 2015 to August 25, 2016). Defendant D and each of the above amounts to Defendant B and each of them in accordance with the above written confirmation of payment amount.

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