beta
Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Determination on the cause of the claim
A. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 and 4.
(1) The Plaintiff respectively lent KRW 30,000,000 to Defendant B around September 9, 2010, and KRW 20,000,000 around October 15, 2010.
(2) Defendant B was indicted on July 23, 2013 on the charge that he/she acquired each of the above loans.
(3) On September 30, 2013, C, the husband of Defendant B, transferred KRW 40,000 to the Plaintiff.
(4) On October 1, 2013, the Plaintiff confirmed that the Defendant B’s obligation owed to the Plaintiff was the principal amounting to KRW 50,000,000 and interest KRW 18,000,000 between Defendant C and Defendant C, and issued a written agreement to the effect that Defendant B’s wife against the Defendant B was a preference.
(5) After that, the Plaintiff requested the return of KRW 10,000,000 to Defendant C, and on October 2, 2013, the Plaintiff wired KRW 5,000,000 to Defendant C, and caused D to remit KRW 5,00,000.
(6) On October 2, 2013, Defendant C prepared and delivered to the Plaintiff a certificate of borrowing that KRW 38,000,000 shall be paid in installments each month from October 2, 2013 to May 2, 2015, and the said certificate of borrowing stated that “if arrears are not paid on two or more occasions, legal measures shall be taken.”
(7) After that, Defendant B remitted to the Plaintiff KRW 2,00,000,000 on November 4, 2013 by Defendant C, and KRW 6,000,000 on February 13, 2014 by each of the Plaintiff.
B. According to the above facts of recognition, Defendant C is obligated to pay the Plaintiff KRW 38,000,000 in installments each month from October 2, 2013 to April 2, 2015, according to the content of the loan certificate as of October 2, 2013.
I would like to say.
(B) If the last payment is made on May 2, 2015, but the amount of KRW 38,00,000 is paid in installments in 2,00,000, the number of payment is 19 times, and as the last payment is 20 months from October 2, 2013 to May 2, 2015, it is reasonable to view the last payment date as April 2, 2015). However, the above loan certificate is written.