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(영문) 대전지방법원 2018.06.07 2017가단12971
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 29 million and 5% per annum from October 18, 2015 to June 7, 2018.

Reasons

1. The Plaintiff: (a) lent KRW 52 million to Defendant B on April 15, 2015; and (b) was paid KRW 60 million in addition to the principal until May 15, 2015; and (c) Defendant C guaranteed the Defendant B’s obligation to pay the amount to the Plaintiff.

On June 1, 2015, the Plaintiff received KRW 10 million from Defendant B on June 1, 2015, and extended the payment period to October 15, 2015 for the remaining KRW 50 million.

On October 17, 2015, the Plaintiff received KRW 10 million from Defendant B.

[Reasons for Recognition: Facts without dispute, Gap 1, 9 evidence, Eul 15 evidence

(2) The grounds of appeal No. 1

2. Determination on the claim

A. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 30 million after deducting the amount of KRW 20 million paid to the Plaintiff as principal from KRW 50 million out of the leased principal, as the Plaintiff seeks.

B. The Defendants asserted that Defendant C paid the principal amount of KRW 3 million to the Plaintiff.

Although there is no dispute between the parties that Defendant C, a joint guarantor, remitted the amount of KRW 3 million to the Plaintiff on February 16, 2016, Defendant C, a joint guarantor, did not prove that the said amount was paid in full as principal repayment of KRW 30 million claimed by the Plaintiff.

The first loan that the Plaintiff lent to Defendant B on April 15, 2015 is as seen earlier, and it is reasonable to view that the said KRW 3 million was first appropriated for the repayment of the principal amount of KRW 2 million not claimed by the Plaintiff in this case and the remainder of KRW 30 million was appropriated for the partial repayment of the principal amount of KRW 30 million.

Therefore, the defendants' defense is justified within the above scope of recognition.

C. The Defendants’ defenses by the Defendants had the claims of KRW 1,325,00,00, which the Plaintiff did not pay to the Defendants from March 8, 2015 to October 2015.

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