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(영문) 부산지방법원 서부지원 2018.05.29 2017가단102813
대여금
Text

1. Defendant (Appointed Party) and Appointed C jointly and severally with the Plaintiff KRW 20,000,000, and their related thereto from May 24, 2011 to May 24, 2017.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2 as to the cause of the claim, the plaintiff loaned 50 million won interest at 1.5% on May 24, 201 to the appointed party C (hereinafter "appointed party") at 1.5% on a monthly basis, and the principal was agreed to be repaid at 10 million won on a monthly basis after three months thereafter, and the defendant (hereinafter "appointed party" hereinafter) has jointly and severally guaranteed the appointed party's above loan obligation against the plaintiff. The fact that the plaintiff received from the defendant on October 25, 201, KRW 10 million, and KRW 20 million on September 28, 2012, and appropriated the principal for each person as the principal.

If so, the defendant and the designated parties are jointly and severally liable to pay to the plaintiff KRW 20 million and interest or delay damages.

(Plaintiff’s amendment of the purport of the claim as of April 18, 2018 to the purport that the Plaintiff did not claim interest or delay damages until the repayment was made with respect to the principal portion repaid. 2. As to the Defendant’s defense, the Defendant’s defense was asserted to the effect that the designated party fully repaid the loan.

According to the evidence Nos. 11 through 18 of the evidence No. 2, in addition to the amount that the plaintiff was paid to the plaintiff, the designated person or the company's operation after the above lending date was deemed to have paid a total of KRW 51,015,00 to the plaintiff or its operation company. However, there is no evidence to acknowledge whether the above amount was paid as repayment of the above loan. Rather, according to the evidence No. 2 of the evidence No. 2, the above loan as of February 1, 2012 can be found to have remaining at KRW 40 million. The defendant did not assert and prove that the balance remains at KRW 20,000,000,000 to the plaintiff or the designated person after February 1, 2012. Thus, the defendant did not assert and prove that there was any money paid to the plaintiff as of September 28, 2012 by the defendant or the designated person.

3. Conclusion.

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