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(영문) 부산지방법원 2018.11.13 2017가단330876
대여금
Text

1. Defendant B shall pay to the Plaintiff the amount of KRW 46,834,107 and KRW 38,634,107, whichever is applicable, with full payment from February 20, 2016.

Reasons

1. Facts of recognition;

A. The loan certificates between the original Defendant and the original Defendant have been drawn up as follows:

(1) The loan interest rate of KRW 25,00,00 for the loan certificate as of June 4, 2012: The loaner on July 3, 2012: the loan certificate as of July 3, 2012: Defendant B and B: 30,000 won: The loan interest rate of KRW 30,000: March 2, 2013: the joint and several surety of Defendant B and the joint and several surety: KRW 35,00,000 for the loan certificate as of July 30, 201; KRW 20,000 for the loan certificate as of July 30, 201; Defendant C and the joint and several surety of the loaner: 35,000 won for the loan certificate as of July 30, 201; and 20,000 won for the loan certificate as of July 31, 201: Defendant C’s joint and several surety of the loan certificate as of December 31, 2013.

B. After the drawing up of each of the above loan certificates, the borrower partially repaid the principal and interest to the Plaintiff, and accordingly, the Plaintiff, Defendant B, and Nonparty Company drafted a written contract with the same content as the attached Form (hereinafter “instant agreement”) in arranging monetary transactions until December 13, 2014.

(15) After the conclusion of the above contract, Defendant B remitted KRW 1,45,00 to the Plaintiff on January 28, 2015; ② KRW 1,00,00 on January 29, 2015; ③ February 21, 2015; ④ KRW 1,675,000 on March 19, 2015; ⑤ KRW 00,000 on March 27, 2015; ⑤ KRW 00,000 on May 7, 2015; and KRW 0,000 on May 7, 2015; and KRW 0,00 on May 7, 2015; and KRW 10,00 on May 30, 205; and KRW 460,00 on May 8, 2015; and KRW 10,000 on May 30, 2015; and

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1, 3 and 4 evidence, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The plaintiff's assertion and the defendant B, arranging the obligation and obligation between the plaintiff and the defendant B.

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