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(영문) 인천지방법원 2017.07.12 2017가단635
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are acknowledged, either in dispute between the parties or in full view of Gap evidence 1, Eul evidence 1 to 3, and the purport of the new bank's financial transaction information reply and the entire arguments.

A. While the Plaintiff was repaid money to Nonparty C, who is the husband of the Defendant, on several occasions, the amount of debt up to the time of August 30, 2007 is set at 50 million won. The Plaintiff was issued a loan certificate stating that the principal obligor C and joint guarantor are the Defendant (hereinafter “the loan certificate of this case”).

B. After receiving the instant loan certificate, the Plaintiff lent KRW 5,00,000 on September 19, 2008, KRW 3,000,000 on May 11, 2009, KRW 7,000,000 on May 14, 2009, KRW 55,000,000 on June 14, 2009, and KRW 10,000 on June 23, 2009.

C. From October 25, 2007 to September 19, 2008, C paid each of the money indicated in [Attachment 1], and from October 16, 2008 to January 28, 2009, C paid each of the money indicated in [Attachment 2] to the Plaintiff.”

On the other hand, as of February 20, 2013, the Plaintiff prepared a notarial deed of a monetary loan agreement as of February 20, 2014 between the creditor, the debtor, the borrower, the loan amount of KRW 45 million, the interest rate of KRW 20 per annum, and the due date of payment.

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff extended KRW 50 million to C in addition to KRW 50 million in the loan certificate of this case, and KRW 24 million in total from KRW 70,30,000 in total from KRW 70,000 in the loan certificate of this case was appropriated for interest for 24% per annum of KRW 50,000 in the loan certificate of this case. The remainder of KRW 46,30,000 in total from KRW 15,000 in the loan amount remains 58,7,000 in the loan amount. The loan amount to KRW 50,000 in total from KRW 15,00 in the loan certificate of this case is 50,000 in addition to KRW 50,000 in the loan certificate of this case, and there was an implied agreement between the plaintiff and the defendant on the joint guarantee within the limit of KRW 50,000 in the loan certificate of this case.

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