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(영문) 부산지방법원 2016.10.13 2016나2205
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The fact that the Defendant borrowed KRW 20 million from the Plaintiff without having agreed separately on January 20, 2014 due date for payment and interest on the cause of the claim is not disputed between the parties, or that the entire purport of the pleadings is recognized by considering the written evidence No. 1.

According to this, the defendant is obligated to pay to the plaintiff 20 million won and delay damages from the day after the delivery date of the copy of the complaint of this case to the day of complete payment, unless there are special circumstances.

2. Judgment on the defendant's defense, etc.

A. The defendant alleged that he was offered a proposal from the plaintiff to make an investment in liquor business operated by her husband C, and introduced D. However, D lent a total of KRW 120 million to the plaintiff, while the defendant was jointly and severally guaranteed by the defendant.

① The Plaintiff paid KRW 100 million out of KRW 120 million to D, and failed to repay the remainder of KRW 20 million. The Plaintiff offered to the Defendant that “I will prepare a loan certificate for KRW 20 million and provide it to D if I want to discharge the joint and several liability obligation for KRW 120 million originally established,” and the Defendant prepared a loan certificate (Evidence 1; hereinafter “the instant loan certificate”) to deliver it to D.

The Plaintiff’s remittance of money to the Defendant’s account is limited to profits from investment in the liquor business, or to the money that the Plaintiff remitted for the payment of that amount using the Defendant’s E credit card, and there is no fact that the Plaintiff borrowed KRW 20 million from the Plaintiff.

② From April 2, 2014 to November 3, 2014, the Defendant repaid KRW 2,901,070 in total.

③ Even if the Defendant borrowed KRW 20 million from the Plaintiff, the Plaintiff agreed to pay the Defendant the proceeds from the investment in the liquor business, and the proceeds are at least KRW 500,000 per month.

The Defendant shall offset the claim in this case by the claim claim amounting to KRW 22 million (=500,000 x 44 months) from February 12, 2012 to November 30, 2015.

B. (1) First, the judgment is made.

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