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Reasons
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(영문) 수원지방법원성남지원 2015.07.16 2015가합201240
대여금
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1. Upon arrival of July 1, 2015, the Defendant shall pay to the Plaintiff KRW 135,000,000, and to the Plaintiff the full payment from July 1, 2015.

Reasons

1. Basic facts

A. A. The Plaintiff’s former husband, the Defendant’s birth, and C, the Defendant’s birth, leased money from 2001 to 2013 to the Defendant, and on October 20, 201, the Plaintiff leased KRW 70,000,000 from the Defendant around October 20, 2009, KRW 50,000 around 209, and KRW 135,000,000 around 2013 (a total of the above loans is referred to as “loan 1,00,000,” and the Plaintiff leased KRW 150,00,000 to the Defendant on April 8, 2013 by setting the due date for repayment of KRW 150,00,00 to June 30, 2015.

(hereinafter referred to as “second loan”). (b)

The defendant, under the pretext of repayment of principal of debt, KRW 25,00,000 on November 15, 2013, KRW 60,000 on April 15, 2014, and KRW 60,000 on April 15, 2014; and

5.7.20,000,000 won, and the same year.

7. A total of KRW 150,000,000 paid for 29.45,000.

(hereinafter referred to as “instant payment” in total. (c)

C No. 105,00,000 won (= KRW 135,00,000,000) total amount of KRW 1,200 as a division of property following divorce between the Plaintiff and the Plaintiff on November 10, 2013, and drafted a letter of commitment and a letter of commitment to the same effect on August 12, 2014 and 18 of the same month.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 3, 4, and 5 (including each number, hereinafter the same shall apply), entry of Eul evidence 1 to 5, and purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff became a sole obligee by acquiring the claim for the loans under Article 1 from C before the Defendant pays the instant loan. KRW 150,000,000, the payment of the instant loan amount of KRW 135,000,000, out of the claims of KRW 1,285,000, the first loan amount of KRW 135,000,000, the remainder of KRW 15,000 (=150,000,000 - 135,000,000) was appropriated for the repayment of the claim for the loans under Article 2 loan of KRW 150,00,000,00, and the Plaintiff had the claim for the loans under Article 135,00,000,000 (=150,000,000 -15,000,000). Accordingly, the remainder of the loans and the remainder of the loans were remaining to the Defendant.

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