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Reasons
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(영문) 의정부지방법원 2016.11.18 2016가단1892
대여금
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1. The Defendant’s KRW 252,371 as well as the Plaintiff’s annual rate from January 1, 2016 to November 18, 2016, and the following.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole as to the statements in Gap evidence Nos. 1, 2, 3, and 4.

On March 27, 2014, the Defendant issued and delivered to the Plaintiff a promissory note (No. 2, hereinafter “instant note 1”) at the place of issuance, which is Seoul, on March 27, 2014, with the daily sight delivery, the place of payment, and the place of payment on March 27, 2014.

B. On May 8, 2014, the Defendant prepared a loan certificate (No. 3; hereinafter “the loan certificate of this case”) as of June 7, 2014, which was KRW 2 million and due date, and issued to the Plaintiff.

C. On June 15, 2015, the Defendant issued, and delivered to the Plaintiff, a promissory note (Evidence A No. 1 and 4; hereinafter “instant Second Promissory Notes”) at the place of publication, which is Seoul, on June 15, 2015, with a face value of KRW 25 million, the issuer, Defendant, and the place of payment on June 15, 2015.

2. The assertion and judgment

A. The Plaintiff asserts that (1) the Plaintiff lent a total of KRW 37 million to the Defendant, and among which, on June 15, 2015, the Plaintiff sought payment of KRW 25 million to the Defendant.

(2) Around April 2014, Defendant: (a) borrowed KRW 2 million from the Plaintiff and received KRW 1.7 million from the Plaintiff; and (b) paid KRW 2 million to the first police officer on May 2014.

② On May 8, 2014, the Defendant borrowed KRW 2 million from the Plaintiff, and also received KRW 1.7 million, deducting KRW 3 million from the prior interest, and drafted the instant loan certificate.

The Plaintiff shall accept a promissory note in an amount equivalent to five times the borrowed amount as security in the bond industry, and the Plaintiff demanded the preparation of the first bill, and the Defendant issued the first bill and delivered it to the Plaintiff.

③ Around June 9, 2014, the Defendant borrowed KRW 3 million from the Plaintiff and received KRW 2.6 million from the Plaintiff, which also deducted KRW 4 million from the prior interest.

④ The Defendant borrowed a total of KRW 4.3 million (= KRW 1.7 million).

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