(영문) 부산지방법원 2020.05.12 2019가단11865

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(영문) 부산지방법원 2020.05.12 2019가단11865

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. Basic facts

A. On January 13, 2003, the Plaintiff lent KRW 6.2 million in cash to the mother of the deceased C (the deceased on March 18, 2019, hereinafter “the deceased”) and KRW 6,0410,000 as a check.

However, as the mother of the deceased was unable to pay the money, on September 17, 2008, the deceased agreed to pay 80 million won to the Plaintiff as the debtor on behalf of his mother on September 17, 2008, and the interest was paid on the 20th day of each month. The deceased prepared a cash custody certificate (Evidence 1) as evidence to the Plaintiff.

B. The Deceased paid interest as agreed with the Plaintiff on April 13, 2014, and the remaining loans as of April 13, 2014 were settled at KRW 67 million, and the Deceased prepared and delivered a loan certificate (Evidence A2) to the Plaintiff that he/she will pay KRW 1 million per month to the Plaintiff.

C. On June 7, 2018, the Plaintiff filed a lawsuit against the Deceased with Busan District Court Decision 2018Kadan11318,000,000 won for the loans, and the adjustment was established between the Network C and the deceased that “the deceased shall pay 60,100,000 won to the Plaintiff, and 3.6 million won from November 30, 2018 to October 31, 2019 shall be paid in 30,000 won as of the last day of each month from November 30, 2018 to October 31, 2019, and the remaining 5,6.5 million won shall be paid in installments 113 to the end of each month from November 30 to March 31, 2019.”

[Ground of recognition] Unsatisfy, Gap evidence 1 through Gap evidence 7, Eul evidence 4, Eul evidence 5-1 and Eul evidence 5-2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff, around 2003, lent KRW 662.10,00 to the mother of the Deceased. However, on April 13, 2014, the Defendant and the Defendant’s husband, on behalf of the mother of the Deceased, promised to repay KRW 80,000 to the obligor on behalf of the Deceased, and the Defendant and the Deceased paid KRW 20,20,000 by March 2019. As such, the Defendant is obliged to pay the Plaintiff the remainder of the loan amounting to KRW 59.8 million.

B. We examine the judgment, and the defendant's evidence consistent with the plaintiff's assertion.

유사 판례

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