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(영문) 인천지방법원 2018.11.27 2017가단212315
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,50,000 and the interest rate of KRW 15% per annum from April 18, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant were living together from June 2015, and they currently live separately.

B. On June 12, 2016, the Defendant drafted and awarded to the Plaintiff a letter of payment with the following content (hereinafter “instant letter of payment”).

The defendant borrowed 80,000,000 won to the plaintiff, but has not been paid up to now, and therefore, the defendant shall transfer it to the plaintiff at the time of completion of the Incheon Strengthening-gun C Loan at the time of completion.

C. The Defendant has not completed the registration of transfer of ownership with respect to the Incheon Strengthening Military Branch C lending until now to the Plaintiff.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 4, the purport of whole pleadings]

2. In full view of the facts and the following facts and circumstances, it is reasonable to view that the Plaintiff lent KRW 80,000,000 to the Defendant prior to June 12, 2016, without the due date for repayment, in view of the facts and circumstances seen earlier and the fact that the entire purport of the pleadings was recognized or known, prior to the determination.

① The Defendant voluntarily prepared and delivered to the Plaintiff a letter of payment in this case, stating that he was liable to the Plaintiff for KRW 80,000,000.

② After drawing up the instant letter of payment, the Defendant withdrawn the money to the Plaintiff and delivered the passbook and seal in his name.

③ Accordingly, on June 22, 2016, the Plaintiff withdrawn KRW 49,500,000 from the Defendant’s name account.

In this regard, the defendant filed a complaint against the plaintiff under suspicion of larceny, etc., but the plaintiff was subject to a disposition of non-suspect under the Incheon District Prosecutors' Office punishment No. 6091 in 2016.

④ The content of the instant payment note is the pre-contract for payment in substitution for the repayment of the original obligation at the time of the completion of the construction of the sub-party C, Incheon, Incheon, and the Plaintiff, the obligee, is entitled to claim the payment that is the subject of the original obligation, since the pre-contract for payment in substitution alone does not extinguish the original obligation.

Therefore, the defendant 80.0

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