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1. The Plaintiff’s obligation of KRW 30,200,00 based on the monetary loan contract of May 3, 201 against the Defendant exists.
Reasons
1. Basic facts
A. On May 3, 2011, the Plaintiff’s husband D issued and delivered to the Defendant’s husband E with a face value of KRW 100 million, payee E, and issuance date, May 3, 201, and September 3, 2012. On the same day, E lent KRW 100 million from the Defendant’s name account to D to the Defendant’s name account.
(hereinafter “instant loan”) KRW 100 million. B.
D As the instant promissory note was not repaid by September 3, 2012, D issued on September 10, 2013, the amount of KRW 100 million at par value, KRW 100 million on September 10, 2013, the date of issuance, September 30, 2013, and KRW 30,000, and KRW 1 copy of promissory note in Seoul, the payee, the Defendant, the issuer, and the Plaintiff and D respectively (hereinafter “instant promissory note”) at the place of payment, respectively. The blank column of the said promissory note states that “The instant promissory note shall be repaid in installments over 36 months after its maturity,” and the Plaintiff’s signature is affixed on the face value column and the issuer column.
C. From November 15, 2013 to December 11, 2015, the Defendant was paid KRW 69.8 million among the instant loans over 28 occasions. Of them, KRW 27 million on January 16, 2015, KRW 100,000 on January 27, 2015, KRW 270,000 on March 17, 2015, KRW 100,000 on April 1, 2015, KRW 57 million on October 23, 2015, and KRW 13.1 million on October 23, 2015 were remitted to the Plaintiff’s account under the name of the Defendant.
The Defendant filed an application against the Plaintiff for provisional attachment of real estate with the amount of KRW 30,20,000,000 in the balance of the loan in this case as the claim amount under the Incheon District Court Decision 2016Kadan7389, and received the decision of provisional attachment from the above court on January 4, 2017. The Plaintiff filed an application for provisional attachment cancellation on the ground of the deposit of KRW 30,200,000,000 from the above court and received a decision of revocation of provisional attachment on March 28, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2, Eul evidence 2-6, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion is from the defendant of this case.