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Reasons
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(영문) 전주지방법원정읍지원 2016.06.07 2014가단7184
대여금
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1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On June 29, 2007, the Plaintiff lent 20 million won to the Defendants. On the same day, the Plaintiff received a certificate of loan (Evidence A 1) with the loan amounting to 20 million won from the Defendants. 2) The Plaintiff lent 20 million won to the Defendants from April 27, 2006 to November 3, 2006, and then received a certificate of loan (Evidence A 2) with the loan amounting to 20 million won from the Defendants on September 27, 2007.

On July 2007, the Plaintiff received reimbursement of KRW 15 million out of the above borrowed money from the Defendants.

3) On the same day, the Plaintiff, after additionally lending the Defendants KRW 20 million, was issued a loan certificate (No. 3) with the loan amount of KRW 25 million plus the remaining loan amount under the above paragraph 2 (i.e., KRW 5 million).

4) The Defendants paid interest of KRW 45 million in total of the principal of each of the loans under paragraphs (1) and (3) above (i.e., KRW 20 million to KRW 25 million) from October 2007 to October 201, but did not pay interest thereafter. The Defendants repaid the Plaintiff KRW 15 million around September 29, 2012. The Defendants paid the said amount to the Plaintiff in the order of interest and principal, and the remainder amount is KRW 38,80,000 as of September 29, 2012. The Defendants are jointly and severally liable to pay the Plaintiff the said KRW 388,80,000,000 to the Plaintiff as of September 29, 2012, with the Plaintiff’s KRW 200,000,000 from April 27, 2006 to KRW 16,000,000 (the Defendants’ assertion).

The Defendants paid to the Plaintiff KRW 15 million out of the above borrowed money on July 2007.

2) On September 29, 2007, the Defendants drafted a certificate of loan (Evidence A 2) with a loan worth KRW 20 million from the Plaintiff to borrow KRW 20 million. At the Plaintiff’s request, the Defendants drafted a certificate of loan (Evidence A 3) with a loan worth KRW 25 million with a total of KRW 5 million with the remaining principal of the loan as stated in Paragraph (1).

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