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(영문) 서울남부지방법원 2018.08.22 2017가단16383
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 7, 2015, the Defendant: (a) prepared and delivered a loan certificate stating that “The Plaintiff borrowed KRW 200 million as C in the name of the deposit, and paid KRW 20 million interest each month from May 7, 2015 to KRW 4 million in equal annual interest for 50 months; and (b) the Plaintiff’s her her her her her her her her her her her her her she guaranteed it (hereinafter the loan certificate of this case); and (c) there is no dispute between the parties; and (d) the Plaintiff received a partial repayment from the Defendant and received a partial repayment from the Defendant and paid the principal KRW 52 million to the Plaintiff.

Therefore, the defendant is jointly and severally liable with D to pay the remaining principal amount of KRW 52 million and delay damages to the plaintiff, unless there are special circumstances.

2. As to the Defendant’s defense, the Defendant asserted that the Plaintiff’s credit against the Defendant was extinguished or exempted due to D’s repayment, which is the substantial principal debtor of the above loan.

In full view of the following circumstances acknowledged by the respective statements and arguments stated in Gap evidence Nos. 1, 4, and Eul evidence Nos. 1 through 14 and the purport of the whole pleadings, it is reasonable to view that the defendant's above loan claim against the defendant was extinguished by the settlement agreement or novation between the plaintiff and Eul, the substantial principal debtor of the loan and Eul, according to the agreement, and the Eul who jointly and severally guaranteed the loan and Eul fulfilled their obligations.

① From June 2015, the Defendant issued the above loan certificate to the Plaintiff, the Plaintiff became aware of the fact that the said money was D. On November 16, 2015, D with the title “case of repayment to B/L and of claim for reimbursement of the right to reimbursement,” which read “case of claim for reimbursement to B/L,” as between D and D on November 16, 2015, KRW 100 million shall be repaid in cash ( November 23), and KRW 100 million shall be repaid in cash at the per share of the president of G of the Financial Company G; KRW 30 million on July 31, 2016; KRW 20 million on September 30, 2016; KRW 30 million on November 30, 2016; KRW 20 million on November 30, 2016; and KRW 7.5 million on December 30, 2016.

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