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(영문) 서울고등법원 2014.12.11 2014나26608
대여금반환
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 12, 2006, the Defendant issued to C a promissory note with a face value of KRW 377,1760,000 at face value, June 12, 2007, the payment place, the place of payment, and each of the promissory notes in Seoul Special Metropolitan City (hereinafter “instant promissory notes”) at the place of issuance, and on June 13, 2006, the Defendant prepared and delivered a notarized deed with the purport that “When a notary public delays the payment of the promissory notes to a holder of the instant promissory notes, he shall be aware that there is no objection even if he is forced to enforce the said deed” (hereinafter “notarial deed of this case”).

B. After that, C remitted to the account in the name of the Defendant’s father D, the sum of KRW 36 million on June 12, 2006, KRW 7 million on July 6, 2006, KRW 6 million on November 1, 2006, KRW 36 million on December 1, 2006, and KRW 36 million on December 1, 2006.

C. On June 24, 2002, before preparing the notarial deed of this case, the Defendant borrowed KRW 116 million from C on July 10, 2002, with a rate of 2% per month and the due date of payment as of July 10, 2002, but the Defendant failed to repay the above borrowed money at the due date. Accordingly, on September 13, 2004, the Defendant prepared a written confirmation that “the Defendant shall bear the Defendant’s obligation with an agreement of KRW 115 million and the amount of obligation with an agreement of KRW 1.5% per month from June 24, 2002 to the date of full payment.”

In addition, the defendant borrowed KRW 20 million from C on July 5, 2005 and prepared a letter of loan stating that the defendant will repay the above money within about two months.

C: (a) The Defendant did not pay the above KRW 15 million to January 2006 and the above KRW 20 million to the Defendant on January 3, 2006; (b) the Defendant sent the Defendant a notice of the repayment of the loan amounting to KRW 207,761,917 (i.e., KRW 115 million on June 24, 2002, KRW 15 million on the loan amounting to KRW 115,00,000,000 from June 24, 2002 to December 31, 2005; and (c) the above notice was sent to the Defendant around the time when the notice was served.

E. C. August 6, 2009

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