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Reasons
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(영문) 춘천지방법원원주지원 2020.12.18 2019가단2710
대여금
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Defendant B shall pay 150,00,000 won to the Plaintiff and 12% per annum from September 12, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and Nonparty E’s husband’s husband transferred KRW 30,080,000 to Defendant B on December 21, 2018, and KRW 5,000,000 on January 21, 2019, KRW 3,800,000 on February 9, 2019, and KRW 6,000,00 on June 1, 2019, and KRW 6,000,00 on June 3, 2019, respectively.

Each transaction statement output at the time of the above transfer contains the number of “10,000,000” and “30,000,000” along with the Plaintiff’s written statement “B”. The Plaintiff’s written statement of “E” and “YYYYY” is also the Plaintiff’s own written statement of “E” and “YYYYY” on December 21, 2018.

B. Defendant B entered the name and resident registration number in the loaner column of the document written in the attached letter stating as follows: “At the end of June 01, 2019, Defendant B, Defendant C, and the said principal (B) guarantor (C) will stop of KRW 00,000,000:00 won on the date of each loan. It will be repaid on the date of each loan, and at the time of violation, will be a civil and criminal liability.” (hereinafter “the loan certificate of this case”), and the Defendants are legally married couple.

C. The term “C G” is written in the terms of “C G” and the name of the Chinese characters of Defendant C is affixed with a new seal affixed thereto, and at the bottom of the document, the word “A return” is written.

On June 1, 2019, Defendant B and Nonparty H without their respective authority entered “C G” in the “C G” column for the guarantor of the instant loan certificate; Defendant B was indicted on the charge of each document-related charge that the said guarantor affixed the seal of Defendant C; Defendant B was indicted on the charge of exercising the forged loan certificate as above; and Defendant B was convicted of each fine of KRW 5,000,000 and KRW 2,00,000 for H was finalized.

[Ground of recognition] Facts without dispute, Gap 1, 4, 5, Eul 1 and 2 (including numbered items), appraiser I's report on the result of appraisal, and the whole purport of the pleading

2. The assertion;

A. Defendant B’s assertion is KRW 150,000,000 from the Plaintiff.

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