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(영문) 의정부지방법원 2021.03.18 2019가단127634
대여금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. From July 12, 2010, the Plaintiff has been engaged in a transaction of lending money and receiving reimbursement with Defendant B.

B. On May 17, 2012, Defendant B, as the agent of Defendant C, as the husband and wife, prepared a fair bill of exchange with the issuer, Defendants, the Plaintiff, and the Plaintiff on September 9, 2010, the issue date, the Plaintiff, the Plaintiff, and the Plaintiff at par value KRW 130,000,000, the payment date, and the promissory note, which was made on October 30, 2013 on the payment date, to recognize compulsory execution.

(c)

On November 1, 2011, the Plaintiff’s husband E paid KRW 20 million to Defendant B, and the Plaintiff paid KRW 10 million to Defendant B on February 4, 2014, and KRW 5 million on March 4, 2014, respectively.

(d)

The Plaintiff and Defendant B agreed on the loan of KRW 160 million remaining on June 12, 2018 (i.e., KRW 130 million ( KRW 15 million) as KRW 80 million and agreed on the repayment within four years and payment of legal interest (hereinafter “instant agreement”).

[Grounds for Recognition] Unsatisfy, Gap evidence of Nos. 1 to 14, Eul evidence of No. 2 to 16, and the purport of the whole theory

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s claim is that, on June 12, 2018, the Defendants agreed to pay the Plaintiff the principal amounting to KRW 80 million and KRW 5% per annum, and the Defendants jointly and severally are liable to pay KRW 81,482,487, which is the amount of unpaid interest as of April 26, 2019.

2) On June 12, 2018, Defendant C and D agreed to pay the Plaintiff the principal amounting to KRW 80 million and the legal interest thereon within four years, as seen above, but the due date for payment has not yet arrived. Of the evidence No. 4, the signature of Defendant C and D, among the evidence No. 4, cannot be used as evidence because there is no evidence to acknowledge the authenticity, and otherwise, Defendant C and D agreed to pay the Plaintiff the principal amounting to KRW 80 million and the legal interest thereon.

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