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Reasons
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(영문) 광주지방법원순천지원 2015.07.24 2015가단3024
대여금
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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from February 3, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. On February 1, 1996, the Plaintiff transferred KRW 25 million to a national bank account in the name of the Defendant’s husband, C.

B. On May 9, 2002, the Defendant drafted to the Plaintiff a loan certificate with the following content (hereinafter “the loan certificate of this case”).

At the end of February 1, 1996, the borrower B (the defendant) who borrowed the above amount from February 1, 1996 shall be faithfully performed, and on May 9, 2002: C (the defendant's husband) and B (the plaintiff) A (the plaintiff) on February 1, 1996 shall be liable for the civil and criminal liability, and on May 9, 200:

C. From August 5, 2003 to July 12, 2005, the Defendant remitted the sum of KRW 500,000 won, KRW 60,000 on March 14, 2006, KRW 500,000 on August 19, 2006, and KRW 13.6 million on December 14, 2006 to the Plaintiff’s friendly job offering D account. The account in the name of D was remitted in the name of E on August 12, 2005, KRW 50,000,000 in the name of F on March 7, 2007, respectively.

(hereinafter above 14.6 million won in total). [Grounds for recognition] There is no dispute, Gap evidence Nos. 1, 2, and Eul evidence No. 2, and the purport of the whole pleadings.

2. Summary of the parties' arguments

A. On February 1, 1996, the Plaintiff lent KRW 50 million to the Defendant. On May 9, 2002, the Defendant drafted and awarded the above loan to the Plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 50 million and the delay damages.

B. In around 1996, the Defendant borrowed KRW 20 million from the Plaintiff (which deducted the amount of KRW 6 million and paid KRW 14 million) or KRW 25 million from the Plaintiff, and paid to the Plaintiff the amount exceeding KRW 20 million by up to 2000,000 (including prior interest).

3. Determination

A. 1) As long as a disposition document is recognized as having been authentic, the court shall recognize the existence and content of the declaration of intent as stated therein, unless there is any clear and acceptable evidence to deny the content of the statement (see, e.g., Supreme Court Decision 93Da55456, Oct. 11, 1994).

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