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Reasons
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(영문) 서울중앙지방법원 2016.01.19 2015가단45206
대여금
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1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. The relationship between the parties is the birth and the birth of the network G and the wife of the network H. The Defendants were the children of the network H and the network G couple, and were the Plaintiff’s colon, and the network H was deceased on February 23, 2013, and the network G on February 2, 2015.

B. (1) Around July 20, 1999, the Plaintiff loaned 1.1% of interest per month (440,000 won per month) and 40 million won per January 20, 200 when repayment period was due (hereinafter “the instant loan”). The Plaintiff, with Nonparty I (Defendant B’s wife)’s aid, drafted a certificate of borrowing (Evidence 1) with respect to the instant loan to the Plaintiff.

(2) After December 7, 2000, I disposed of the house he had lived and repaid the instant loan to the Plaintiff with the down payment of KRW 40 million received from the buyer.

(3) After borrowing KRW 40 million from the Plaintiff on January 5, 2007 (Evidence 7-1) and around December 30, 2009, I agreed to borrow KRW 200 million with the Plaintiff at a rate of 9% per annum. Around January 5, 2007, I used KRW 160 million from the Plaintiff (the amount of KRW 40 million out of KRW 200 million from the borrowed money as of January 5, 2007) and received KRW 160 million from the Plaintiff and KRW 60 million from the borrowed money as of December 30, 2009.

C. On or after January 5, 2007, I remitted to the Plaintiff KRW 10 million as part of the principal and interest of the borrowed amount, and KRW 10 million as part of the principal and interest of the borrowed amount, from February 2007 to December 2009, KRW 3,50,000 per annum equivalent to KRW 10.5% per annum for KRW 40 million, and KRW 1.5 million per annum for KRW 200,000 per annum after January 2010.

On the other hand, while the Plaintiff forged the Plaintiff’s certificate of borrowing, the Plaintiff is holding the certificate of borrowing (No. 1 and No. 3) for the instant loan, and on the certificate of borrowing after the Plaintiff’s death.

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