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Reasons
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(영문) 청주지방법원 2017.08.10 2016가단114705
대여금
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1. The Defendant’s KRW 37,500,000 as well as 5% per annum from November 19, 2016 to August 10, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 30, 2008, the Defendant prepared a loan certificate stating that the Plaintiff borrowed KRW 90 million from the Plaintiff (hereinafter “instant loan certificate”) and delivered it to the Plaintiff.

B. On February 23, 2009, the Defendant prepared a receipt to receive KRW 120 million from the Plaintiff in cash (hereinafter “instant receipt”) and issued it to the Plaintiff.

C. Meanwhile, from June 25, 2009 to August 23, 2013, the Defendant returned a total of KRW 82.5 million to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 3 and 4 (including paper numbers)

2. The parties' assertion

A. The Plaintiff’s summary of the Plaintiff’s assertion has lent money to the Defendant several times, and became KRW 120 million as of February 23, 2009.

The plaintiff and the defendant set interest at 10% per annum.

Then, the Defendant repaid the Plaintiff the total amount of KRW 82.5 million among the principal amount.

Therefore, the defendant is obligated to pay to the plaintiff the remaining principal of KRW 37.5 million and the agreed interest and delay damages.

B. The defendant's summary of the defendant's assertion did not have borrowed KRW 90 million from the plaintiff or received KRW 120 million from the plaintiff.

The Defendant had 75 million won of the investment amount to be returned to the Plaintiff. On September 30, 2008, the Plaintiff requested the Defendant to transfer KRW 15 million to the Defendant with a loan certificate of KRW 90 million, and the Defendant drafted the instant loan certificate without deep thoughts.

However, the Plaintiff did not remit the above KRW 15 million.

In addition, on February 23, 2009, the Plaintiff drafted the receipt of this case on the following grounds: (a) on February 23, 2009, the Plaintiff: (b) issued a certificate of loan of KRW 120,000,000,000 in order to vindicate for the children; (c) the Plaintiff refused to do so; (d) but (e) the Defendant did not pay KRW 120,000,000,000 to the full payment of KRW 75,00,000.

On the other hand, the defendant returned the total amount of KRW 82.5 million to the plaintiff.

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