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(영문) 서울동부지방법원 2018.01.18 2016가단31122
대여금
Text

1. The defendant shall pay KRW 5,147,059 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. The following facts do not conflict between the Parties:

On July 14, 2014, the Plaintiff prepared a loan certificate stating that “15,00,000 won shall be borrowed at 2% per month” by the Defendant’s spouse C (hereinafter “the front of the loan certificate”), and the Defendant signed the front bottom of the loan certificate as a joint and several surety.

In addition, on the same day, the Plaintiff signed on the back side of the above loan certificate (hereinafter “after the loan certificate”) with the content that “10,000,000 won is to be paid.”

Meanwhile, on the other hand, the Plaintiff stated the Defendant’s name, a joint surety of the front of the loan certificate, the phrase “loan 400 on December 10, 2014” in addition to the Defendant’s name, “20,000,000 won” in the last part of the back of the loan certificate, and “10,000,000 won was received on August 20, 2014.”

(Specific front and rear side of a loan certificate is as shown in the attached Form No. 3, and the front and rear side of the loan certificate are added to the loan certificate, and the loan certificate of this case is referred to as "the loan certificate of this case".

On July 14, 2014, the Plaintiff prepared a “notarial deed of a monetary loan agreement for consumption” with the Defendant stating that “the Defendant borrowed KRW 45,000,000 from the Plaintiff on July 14, 2014, until January 31, 2015, it shall be repaid to the Plaintiff until January 31, 2015, and it shall be paid KRW 80,000 as at the end of each month from August 31, 2014 to the repayment date of principal.”

2. Determination on the claim related to KRW 20,000,000 on the principal and interest of the loan

A. The Plaintiff asserted that the Plaintiff lent KRW 58,390,000 to the Defendant from April 14, 2012 to July 9, 2014, prior to the preparation of the instant loan certificate.

The Defendant agreed to pay the Plaintiff the principal amount of KRW 20,000,000 as principal and interest of KRW 1,000,000 each month during the period from May 25, 2014 to December 25, 2015, and to pay the Plaintiff the principal amount of KRW 20,000,000 and interest of KRW 4,00,000,000.

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