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(영문) 대구지방법원 2017.08.30 2016나313982
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 20, 2013, the Defendants prepared and delivered the loan certificate (Evidence A 1) stating that “The debtor B borrowed 10 million won per principal day, and C shall be a joint and several surety” to the Plaintiff.

B. The Defendants paid KRW 11,00,000 to the Plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent money to Defendant B on several occasions, and on May 20, 2013, Defendant B paid interest of KRW 10,000,00 to the said money (hereinafter “the instant loan”) in 20,000 each month from May 2013, and the principal was determined to pay KRW 1,00,000 on ten occasions each month from September 2013 to September 2013, and the Defendant C provided a joint and several surety for this.

The Plaintiff asserts that the Defendants are obliged to pay the Plaintiff KRW 5,00,000,000, which is the remainder of the loan, and to pay KRW 5,000,000,000 for the principal and interest thereon. However, the Defendants are obliged to pay KRW 6,00,000 in the instant lawsuit, and the Defendants are obliged to pay KRW 2,10,000 to the Plaintiff as well as damages for delay.

B. The Defendants asserted that Defendant B borrowed some of the money from the Plaintiff without an interest agreement, but Defendant B did not actually receive KRW 10,000,000 from the Plaintiff, and even if Defendant B received KRW 10,00,000 from the Plaintiff, the Defendants paid KRW 12,135,00 to the Plaintiff, and thus the amount of the loan expired.

3. Determination

A. In the event that the authenticity of a disposal document for the determination of the principal and interest and the determination of the joint and several sureties is recognized, it shall be objectively interpreted that the parties expressed their intent in accordance with the text stated in the disposal document, barring any special circumstance, and the parties concerned.

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