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(영문) 광주지방법원 2014.06.19 2014가단4571
대여금 등
Text

1. The Defendant’s KRW 8850,00 and the Plaintiff’s 5% per annum from February 4, 2014 to June 19, 2014.

Reasons

1. On May 8, 2006, the Plaintiff lent KRW 24 million to the Defendant for a period of one year, and the Plaintiff lent KRW 4 million to C on February 27, 2006 for a period of one year. The Defendant’s joint and several liability was jointly and severally guaranteed by the Defendant for the Defendant’s obligation, and the above loan and joint and several liability was made by D on behalf of the Defendant, and there is no dispute between the parties, and the Plaintiff was paid KRW 1 million by the Defendant and appropriated the Plaintiff for the repayment of the loan and joint and several liability, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the total amount of the loan and the joint and several liability amount of KRW 27 million (= KRW 23 million) and damages for delay.

2. As to this, the defendant defenses that he/she paid a total of KRW 1,815,00 to the plaintiff from February 26, 2009 to June 7, 2013, according to the purport of the whole testimony and pleadings by the witness C, the defendant's total of KRW 1.2 million on February 26, 2009, KRW 20,000 on April 29, 201, KRW 5.30,000 on July 11, 201, KRW 300,000 on February 1, 2012, KRW 10,000 on February 10, 201, KRW 200,000 on November 29, 2012, KRW 300,000 on May 131, 2013, and KRW 60,000 on May 131, 2013.

(B) The Plaintiff asserted that the money that the Defendant paid as above was paid by C upon C’s request, but there is no evidence to acknowledge this, the Plaintiff’s above assertion is without merit). In addition, the Defendant paid KRW 15 million to the Plaintiff on December 29, 2008 by C, which was jointly and severally guaranteed by the Defendant, as it was appropriated for the repayment of the Defendant’s debt on February 27, 2006, and the Defendant’s joint and several liability obligation was extinguished. Accordingly, according to the evidence No. 2, C paid KRW 15 million to the Plaintiff on December 29, 2008.

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