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(영문) 수원지방법원 2015.04.02 2014가단34979
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant prepared and rendered the following loan certificates to the Plaintiff.

The amount of interest on September 2, 2008, the maturity date of payment of which is 23 million won per month on September 2, 2008, and 2% per month on October 22, 2010, which is 30 million won on February 22, 2010, and 2% per month on May 6, 2010, which is KRW 10 million on July 6, 2010, and KRW 10 million on December 4, 2011, KRW 10 million on December 20, 2011, KRW 50,000,000 from the borrowing date to May 4, 201, KRW 200,000 on May 4, 2012, KRW 200,000 from the borrowing date; and

B. On November 17, 2008, the Defendant loaned KRW 50 million to the Suwon Agricultural Cooperative. On November 17, 2008, the Plaintiff provided the land owned by the Plaintiff as collateral for the said loan to the Suwon Agricultural Cooperative, the Plaintiff registered the establishment of a neighboring mortgage amounting to KRW 65 million with the maximum debt amount.

[Ground of recognition] Facts without dispute, Gap-5, 7, 8, Gap-9's evidence 1 to 5, Eul-1 and 3's evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff leased KRW 153 million to the Defendant from October 2008 to September 2012, 201, but the Defendant paid KRW 70 million among them and did not pay the remainder of KRW 83 million. Thus, the Plaintiff is obligated to pay the Plaintiff the money stated in the claim.

B. The amount actually borrowed from the Plaintiff is KRW 33 million on September 2, 2008, and KRW 30 million on February 22, 2010, and the actual borrowed money was fully repaid as above.

(M) The Defendant made several loans to the Plaintiff, but only prepared a new loan certificate upon the Plaintiff’s request that the previous loan certificate was discarded in addition to the above two loans.

In addition, the loan certificate drawn up on November 19, 2012, prepared by the defendant as to the defendant's agricultural loan as security and demanded confirmation of the real estate owned by the plaintiff, not the defendant borrowed KRW 50 million from the plaintiff.

3. Determination

A. The Plaintiff’s loan amount is the Defendant.

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