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(영문) 대전지방법원 2020.10.13 2019나104653
대여금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The parties' assertion

A. By December 21, 2005, the Plaintiff asserted that the Plaintiff lent to Defendant C a total of KRW 29.3 million over three occasions.

On December 21, 2005, when preparing a certificate of 20 million won loan and a certificate of 8 million won loan due to a mistake in the calculation of the loan, Defendant B acquired the obligation jointly and severally as the principal debtor, and Defendant C agreed to jointly and severally guarantee the obligation of Defendant B.

At the time of the first agreement, the due date was set on March 20, 2006, but it was agreed to be changed on March 20, 2008 by the Defendants on the due date due to their failure to repay.

From March 31, 2005 to February 19, 2018, Defendant C’s prescription was interrupted due to repayment of KRW 10 million to the Plaintiff by March 15, 2012. From March 31, 2005 to February 19, 2018, the amount that the Plaintiff paid to Defendant C, excluding fraternity payments and fraternity payments, was KRW 61,16,00. The amount that Defendant C paid to the Plaintiff was roughly KRW 33,960,50,000.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 28 million won with interest at the rate of 25% per annum from the day after the delivery of the copy of the complaint of this case to the day of full payment.

B. Defendant B did not have any monetary transaction with the Plaintiff. Defendant B did not have any monetary transaction with the Plaintiff. (2) The Defendants did not have prepared and issued a loan certificate other than the loan certificate of KRW 20 million (Evidence A1) to the Plaintiff.

Defendant C borrowed KRW 10 million from the Plaintiff on or before December 2, 2005, including interest on two occasions, but this was fully paid in the manner that the Plaintiff joined the title 2 unit operated by the Plaintiff and paid the fraternity. On December 21, 2005, Defendant C borrowed KRW 9,300,000,000 after deducting interest on two occasions. However, the said loan was fully repaid.

3 Even if the repayment by the Defendants is not recognized, the obligations based on the loan certificate No. 1 are due from March 20, 2006.

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