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Reasons
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(영문) 청주지방법원 영동지원 2021.03.05 2018가단1116
대여금
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1. The Defendant (Counterclaim Plaintiff) paid to the Plaintiff (Counterclaim Defendant) KRW 26,157,389 and the amount related thereto from February 24, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 17, 2004, the Defendant prepared a certificate of borrowing KRW 10,000,000 for the Plaintiff, KRW 20,000 on February 20, 2006, KRW 10,000 on May 31, 2007, and KRW 15,000,000 on November 15, 2007, respectively, and the Plaintiff transferred KRW 10,00,000 to the CF’s account managed by the Defendant on September 9, 2009.

B. On March 2, 2010, the Defendant issued to the Plaintiff a certificate of borrowing KRW 35,00,000, and KRW 4,000,000, respectively, on March 15, 2010. On October 28, 2010, the Defendant drafted and issued a written agreement as follows (hereinafter “instant agreement”) with the status of the representative director of C Farming Association as the representative director.

C An agreement is made on February 15, 201 to make an investment of KRW 50 million in the farming cooperative and to refund the share of KRW 50 percent in its profits. The agreement is made on February 15, 201 to settle the repayment of KRW 00 million.

On June 1, 2012, the Defendant prepared and awarded to the Plaintiff a certificate of borrowing the following (hereinafter “certificate of borrowing”).

Japan: The above amount shall be borrowed and agreed upon (56,000,000 Won) as follows:

2. The due date: 80,000 won;

4. Method of payment: Payment shall be made to A by the 30th day of each month.

5. The benefit of time shall be naturally forfeited and the remainder shall be paid immediately without any peremptory notice in the following cases:

A) When the debtor and joint and several suretiess have been subject to compulsory execution or application for bankruptcy settlement from any other claims), or violate the provisions of this Agreement.

6. Expenses incurred in securing or collecting the above claims shall be borne by the debtor;

7. A lawsuit on the above claim shall be brought at the domicile of the obligee;

(d)

The Defendant paid money to the Plaintiff as stated in the separate sheet for calculation of the amount appropriated to the Plaintiff, as stated in the separate sheet for “the date of change” and “the amount changed.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 7, 8, 10, 11 (which has a number).

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