(영문) 제주지방법원 2017.03.27 2016가단11775

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(영문) 제주지방법원 2017.03.27 2016가단11775

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. The parties' assertion

A. On February 17, 2007, the Plaintiff leased KRW 30,000,00 as C’s guarantee to the Defendant on May 19, 2007 and received a promissory note issued by the Defendant’s endorsement from the Defendant as security.

(2) On June 5, 2007, the Plaintiff agreed to pay KRW 30,000,000 as C’s guarantee to the Defendant at any time at the request of the Plaintiff and lent it to the Defendant, and received as security a copy of the check issued by the Defendant’s endorsement from the Defendant. The Defendant repaid KRW 22,00,000 among them.

(3) Therefore, the Defendant is obligated to repay the borrowed money stated in the purport of the claim to the Plaintiff.

B. The Defendant did not borrow money from the Plaintiff, and only received the balance at a high interest rate after deducting the interest.

2. Although there is no dispute between the parties that the Plaintiff received a promissory note and a note of shares in the Plaintiff’s claim for C issuance, it is insufficient to acknowledge that the Plaintiff lent to the Defendant solely on the basis of the above recognition, and there is no other evidence to acknowledge the fact of

(2) The Plaintiff’s repayment of KRW 22,00,00 that it received from the Defendant is denied by the Defendant, and the Plaintiff is not able to submit the evidence that it received the reimbursement. Even if domestic loan is recognized, according to the purport of the pleadings in the statement No. 8 and No. 1, the Plaintiff distributed shares and promissory notes that it received as security, and the Plaintiff applied to the Plaintiff for a payment order from the above court on June 7, 2007 to the Defendant for the payment order from the date following the date of delivery of KRW 60,000 and KRW 30,000,000 among them, from May 20, 2007 to June 6, 2007 to June 20, 2007, “The Defendant is 60,000,000 won and KRW 30,000,000 from the date following the date of delivery of the original payment order”.

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