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(영문) 제주지방법원 2015.01.08 2014가합945
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion and judgment

A. On March 13, 2013, the Plaintiff asserted that the Plaintiff and the Defendant (the representative director C at the time) set up a loan certificate stating that KRW 300,000 won of the leased principal should be repaid, including interest and principal (hereinafter “the above loan certificate”) on March 13, 2016, and KRW 5,20,000 per month, including the loan certificate, and the loan agreement based on the loan certificate of this case was “the loan agreement of this case”).

Under the instant loan agreement, the Plaintiff loaned KRW 50 million to the Defendant on March 14, 2013, KRW 40 million on March 29, 2013, KRW 210 million on April 15, 2013, and KRW 300 million on total.

The Defendant did not pay the interest and principal to be paid every month from May 22, 2013 to September 23, 2013 by repaying 5.2 million won per month as principal and interest.

The Plaintiff agreed with the Defendant to repay the principal in full when the interest is overdue at least three times as agreed upon at the time of the instant loan agreement with the Defendant. The Defendant is liable to pay the Plaintiff the principal amount of KRW 300 million borrowed and the damages for delay.

B. In full view of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 3, it is recognized that the plaintiff has a certificate of loan of KRW 300 million to the defendant on March 13, 2013. According to the defendant's statement of account, according to the defendant's statement of account, the fact that the plaintiff has deposited KRW 50 million to the defendant on March 14, 2013, KRW 40 million on March 29, 2013, KRW 210 million on April 15, 2013, and KRW 200 million on April 15, 2013 is stated.

However, the following circumstances, which are acknowledged by comprehensively taking into account the respective descriptions and arguments of the evidence Nos. 1 through 3, namely, C, as the Plaintiff’s male students, was in office as the Defendant’s representative director at the time of March 13, 2013, which was indicated as the date of preparation of the loan certificate of this case, and on March 28, 2013, retired from office as the Defendant’s representative director. However, the Defendant was dismissed until December 2, 2013.

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