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Reasons
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(영문) 서울동부지방법원 2017.05.17 2016가합105112
대여금
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1. The Defendant’s KRW 142,00,000 for the Plaintiff and the following: 5% per annum from February 1, 2016 to May 17, 2017.

Reasons

1. Basic facts

A. On February 23, 2010, the Plaintiff loaned KRW 35,000,000 to the Defendant on April 9, 2010.

B. The Plaintiff lent KRW 235,00,000 to C, and the Defendant jointly and severally guaranteed the above loan obligation on June 29, 2009.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant is obligated to pay the Plaintiff the total amount of KRW 270,000,000 (i.e., loans amounting to KRW 35,000,000,000).

B. Defendant 1) From January 7, 2009 to March 26, 2012, the Defendant repaid the Plaintiff a total of KRW 263,237,800 to the Plaintiff. 2) The Plaintiff, in addition to the Defendant, was paid the said KRW 235,00,000 from C. Even if some of the obligations remain, it is unreasonable to claim only the Defendant, the joint and several surety, without filing a claim against C, who is the principal obligor.

3. Determination

A. In a claim and obligation obligation with the Plaintiff as of February 27, 2012, a final agreement is to be made on the amount and reimbursement schedule as follows. The Defendant shall pay KRW 10,000,000 as of March 2, 2012 and pay KRW 6,00,000,000 by the end of each month from March 23, 2012.

1) According to the statement in Gap evidence 10-3, the defendant, on February 27, 2012, is recognized as having prepared and executed a written statement of payment with the following contents to the plaintiff on February 27, 2012. Meanwhile, the plaintiff recognized the fact that the plaintiff had to reduce the defendant's obligation according to the content of the written statement of payment (see preparatory documents dated March 20, 2017). Accordingly, it is reasonable to view that the defendant's obligation against the plaintiff remains more than KRW 148,00,000 (= KRW 10,000,000 ( KRW 6,000,000 x 23 months) as of February 27, 2012, which is the date on which the written statement of payment was prepared.

Although the defendant does not explicitly express his claim that the debt has been reduced in accordance with the above letter of payment, the defendant shall pay the debt prior to the preparation of the above letter of payment among the particulars of payment as follows.

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