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(영문) 울산지방법원 2020.11.12 2019가단122966
대여금
Text

Defendant B’s KRW 28,00,000 and its amount are 5% per annum from January 1, 2019 to November 12, 2020.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff loaned Defendant B totaling KRW 16,50,100 from December 7, 201 to March 16, 2016, KRW 10,000, KRW 10,000 on May 31, 2016, and KRW 16,584,500 from May 6, 201 to December 21, 2017.

Defendant B prepared a loan certificate of KRW 32 million on May 15, 2017 and delivered it to the Plaintiff. Defendant C affixed the loan certificate as a joint and several surety.

Defendant C delegated or ratified the authority to prepare the above loan certificate to Defendant B at least after being aware of it.

Therefore, the Defendants jointly have the obligation to pay to the Plaintiff the above loan amount of KRW 32 million and damages for delay.

B. Defendant C did not have a joint and several guarantee for KRW 32 million, and there is no fact that Defendant C delegated the preparation thereof to Defendant B.

Defendant B borrowed 31 million won from the Plaintiff and repaid 12 million won among them.

2. Determination

A. Comprehensively taking account of the overall purport of the arguments in the claims filed against Defendant B (1) through (5) and (9) as a whole, the Plaintiff loaned money several times from December 7, 2011 to Defendant B, and the Plaintiff and Defendant B agreed on May 15, 2017 to pay KRW 32 million between January 2018 and December 2018 by the Plaintiff’s settlement of the loan to Defendant B during the period, and the Plaintiff agreed to pay KRW 32 million to the Plaintiff during the period from January 2018 to December 2018. Defendant C, who is the husband of Defendant B, remitted the amount of KRW 2 million to the Plaintiff as a repayment of the obligation to the Plaintiff on October 29, 2017 and KRW 2 million from the day after April 2, 2018 to the day after the maturity of the obligation to pay the Plaintiff KRW 32 million after deducting the above KRW 1,200,000,000 from the above KRW 32,01.2 million.

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