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(영문) 수원지방법원 2015.08.21 2014가단532497
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On March 2, 2001, the Plaintiff lent KRW 100 million to Defendant B after the maturity of one year (hereinafter “instant loan”). Defendant B prepared a cash storage certificate and ordered the Plaintiff, and Defendant C guaranteed Defendant B’s obligation to the Plaintiff.

B. After January 2, 2002, Defendant C borrowed KRW 100 million from the Plaintiff in order to extend the repayment period as determined at the time of the instant loan, and repaid this on January 2, 2003. The interest was paid on the fifth day of each month (hereinafter “the instant loan certificate”), and issued to the Plaintiff.

C. In addition, on October 1, 2003, the period of repayment under the loan certificate of this case expired, the Defendants prepared a letter stating that the loan of this case will be repaid until April 30, 2004 (hereinafter “each letter of this case”) and ordered the Plaintiff.

The Defendants were in de facto marital relationship at the time of the instant lending, and on March 4, 2004, the marriage was reported, and the consultation was married on November 12, 2008.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, 7, Eul evidence No. 3 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, Defendant B is the principal debtor with respect to the instant loan, and Defendant C is jointly and severally liable to pay the Plaintiff KRW 100 million and damages for delay with respect to the instant loan as joint and several sureties or as joint and several sureties with respect to the instant loan in accordance with the preparation of the loan certificate.

3. Judgment on the defendants' assertion

A. The Defendants asserted that the above KRW 100 million was not borrowed from the Plaintiff, but invested. However, in light of the circumstances that the Defendants prepared a letter of intent to pay the instant loan and issued it to the Plaintiff, the above KRW 100 million was borrowed from the Plaintiff.

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