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Reasons
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(영문) 서울북부지방법원 2020.01.14 2019가단106702
대여금
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1. Defendant B’s KRW 36,500,000 as well as 5% per annum from March 19, 2019 to January 14, 2020, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. From around 2016, the Plaintiff has made a monetary transaction, such as lending money to Defendant B and receiving reimbursement.

B. On May 9, 2017, the Plaintiff and Defendant B written a loan certificate (No. 1) and stated that the content of the account book on the existing monetary transactions before the said date is not recognized.

C. From March 7, 2017 to September 24, 2017, Defendant B repaid the Plaintiff a total of KRW 15,000,000 to the Plaintiff, and KRW 9,00,000,000 to the Plaintiff from June 17, 2017 to September 11, 2017, respectively.

On October 20, 2017, the Plaintiff and Defendant B drafted a loan certificate of KRW 43,500,000 (Evidence 2) on the aggregate of the loans as follows.

KRW 10,000,000 on October 20, 2017; KRW 10,000 on October 20, 2016; KRW 10,000 on August 27, 2016; KRW 10,000,00 on August 27, 2016; KRW 13,50,000 on September 27, 2016;

E. From December 2017 to June 16, 2018, Defendant B paid a total of KRW 7,000,000 on behalf of the Plaintiff, instead of paying the said loan to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 2, Eul evidence 1 to 2, and Eul evidence 5 (including each number, if any), the purport of the whole pleadings

2. Determination

A. In light of the following circumstances: (a) the Plaintiff and Defendant B agreed not to recognize the previous account books while preparing the loan certificate (No. 1) on May 9, 2017; (b) Defendant B repaid totaling KRW 24,00,000 to the Plaintiff before and after May 9, 2017; and (c) the Plaintiff and Defendant B included the loan certificate (No. 2) written on around October 20, 2017; and (d) prior to May 9, 2017, the loan details written by the Plaintiff and Defendant B included the loan certificate written on around May 20, 2017. In light of the foregoing, it is reasonable to deem that the said parties settled the loan obligations owed to Defendant B as of October 20, 2017.

On the other hand, around October 2017.

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