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(영문) 대구지방법원 2016.12.21 2015가단40828
대여금
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 12% per annum from June 12, 2015 to December 21, 2016; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. From around 1997, the Plaintiff borrowed money to the Defendant that is the birthee and received interest on the monthly interest rate (the monthly interest rate was 2% per month and at any time after 1% per month).

On February 12, 2013, the defendant paid to the plaintiff KRW 50 million out of the last borrowed principal, and there is no additional repayment of principal and interest.

B. In addition, the Plaintiff loaned a total of KRW 60 million from around 2008 to around 2012 to C who became aware of the Defendant’s introduction.

When the plaintiff deposits money into the defendant's account, the defendant delivered it to C, and the payment of interest has been made by C directly transferring it to the plaintiff's account.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 3, and 5, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion 1) Since the Defendant had not yet paid KRW 80 million out of the borrowed money from the Plaintiff, the Defendant is obligated to pay that amount to the Plaintiff. 2) Of the said unpaid amount, the amount of KRW 20 million is the money directly used by the Defendant, which is the remainder after the Defendant paid the amount of KRW 50 million on February 12, 2013.

3 The remaining KRW 60 million is the money that the Defendant lent to C the Plaintiff’s loan without the Plaintiff’s consent.

On the contrary, if it is not recognized that the Defendant borrowed KRW 60 million and it is recognized that C is a borrower of this money, the Defendant should be deemed to have jointly and severally guaranteed the obligation to repay the borrowed money.

B. The summary of the Defendant’s assertion is that the Defendant repaid all of the borrowed money to the Plaintiff by paying the principal amounting to KRW 50 million on February 12, 2013. Since C’s obligation to repay the borrowed money is against C, the Defendant has no longer paid the borrowed money.

3. Determination

A. As to the borrowed money directly used by the Defendant, the principal remaining at the time of February 12, 2013, which was the remainder of the Defendant’s repayment of KRW 50 million, shall be KRW 70 million as the Plaintiff’s assertion.

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