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(영문) 대구지방법원안동지원 2020.01.22 2019가단425
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 Plaintiff is a person who engages in merchandise coupon retail business, and Defendant C and D operated a gas station in the name of Defendant E, his father and wife.

B. The Plaintiff delivered merchandise coupons to Defendant C and D by June 18, 2010, and the said Defendants paid the price with the said merchandise coupons.

C. On June 18, 2010, the Plaintiff loaned KRW 160 million to Defendant B (Defendant D’s mother), C, and D on September 30, 2010 due date, and KRW 2% per month of interest rate, with respect to the price of the gift certificates as above, and Defendant E drafted a loan certificate stating that the said debt is jointly and severally guaranteed (hereinafter “instant loan certificate”).

Since June 3, 2011, the Defendants paid 30 million won to the Plaintiff on June 3, 2011, the loan amount in this case was revised to 130 million won on the loan certificate of this case.

[Ground] Evidence No. 1 and the purport of the whole pleading

2. Determination

A. Since it is necessary for the Plaintiff to pay the price to the oil refineries traded by the Defendants, the Plaintiff entered into a loan agreement or a loan agreement for lending merchandise coupons to the Defendants for cash use and receiving money.

Accordingly, on June 18, 2010, the Plaintiff lent merchandise coupons to the Defendants and prepared the instant loan certificate with the Defendants on June 18, 2010.

Therefore, the Defendants shall jointly and severally pay to the Plaintiff the borrowed amount of KRW 130 million and the interest thereon.

B. (1) The Defendants asserted that the Plaintiff sold merchandise coupons to the Defendants, and the Plaintiff asserted that the Plaintiff lent merchandise coupons to the Defendants for cash instead of selling merchandise coupons to the Defendants.

Defendant C and D, regardless of whether the Plaintiff sold merchandise coupons or lent merchandise coupons to the Defendants, concluded a loan agreement with the Plaintiff on June 18, 2010 by preparing the loan certificate of this case. Thus, the said Defendants and the Plaintiff on June 2010.

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