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(영문) 서울중앙지방법원 2020.02.14 2019가단5079493
대여금
Text

1. The defendant,

(a) 5,00,000 won for Plaintiff A and 24% per annum from December 25, 2018 to April 15, 2019;

Reasons

1. On April 25, 201, Plaintiff A lent to the Defendant a total of KRW 55 million on March 20, 201 and KRW 40 million on March 20, 201 (hereinafter “instant loan 1”).

From May 30, 201 to December 24, 2018, the Defendant remitted to the Plaintiff each amount indicated in the column for “interest paid each month” in attached Form 1 “transaction Date” in the “Transaction Date” in the attached Table from May 30, 2011 to December 24, 2018.

Plaintiff

B From September 18, 2007 to April 27, 2017, the Defendant lent each of the money indicated in the column for “payment” in attached Table 2 “Transaction No. 2” on the same date as the date indicated in the “Transaction No. 2” table from September 18, 2007 to April 27, 2017 (hereinafter “instant loan No. 2”). On April 4, 2018, the Defendant prepared and provided a loan certificate (Evidence No. 3) to Plaintiff B via D through the Plaintiff’s mother, and the creditor on the loan certificate is indicated as Plaintiff B.

On May 14, 2018, the Defendant repaid the Plaintiff KRW 10 million out of the borrowed principal.

From October 19, 2007 to January 7, 2019, the Defendant remitted each amount indicated in the “monthly payment” column in the “transaction Date” column in the attached Form 2 lending and reimbursement amount sheet to Plaintiff B through the account in the name of E from October 19, 2007 to January 7, 2019.

[Ground of recognition] Gap evidence Nos. 1 and 2 (the number of pages is included; hereinafter the same shall apply), Eul evidence of loan Nos. 3, and the defendant against this evidence, the defendant stated that "D will deliver the above loan certificate to E as the creditor's column to the defendant while the creditor's column is blank, and let the defendant enter the debtor's personal information and affix his/her signature and seal thereon, and thereafter, the plaintiff Eul used this to use it to the creditor's own name.

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