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Reasons
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(영문) 수원지방법원성남지원 2016.05.20 2014가단13289
대여금
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 11, 2004, the Plaintiff and Defendant B drafted a certificate of borrowing that Defendant B borrowed KRW 150,000,000 from the Plaintiff at maturity of February 10, 2005 and KRW 2,50,000 per interest month (hereinafter “the certificate of borrowing of this case”), and the Defendant C jointly and severally guaranteed this.

B. Of the loan amount of KRW 150,000,000 on the loan certificate of this case, KRW 50,000,000 is the amount that the Plaintiff decided to pay to Defendant D on behalf of Defendant B. Defendant B paid the above KRW 50,000,000 directly to Defendant D.

C. After drawing up the loan certificate of this case, the Plaintiff remitted to Defendant B the amount of KRW 65,00,000,000 on August 11, 2004, and KRW 10,000 on July 5, 2005, respectively.

[Ground of recognition] Facts without dispute, Gap's 1 through 4, Eul's 11-1, Eul's 21-21 (including each number), and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, Defendant C, a joint and several surety of Defendant B and Defendant B, is jointly and severally liable to the Plaintiff for payment of KRW 65,00,000,000, which Defendant B actually borrowed from the Plaintiff among KRW 150,000,000 on the loan certificate of this case (hereinafter “the loan money of this case”). As seen earlier, the Plaintiff, on July 5, 2005, remitted KRW 10,000,000 to Defendant B. However, considering that there is a considerable difference between the Plaintiff and the Defendant’s money transaction between the Plaintiff and the Plaintiff, it is difficult to view the above KRW 10,00,000,00 as the loan money borrowed from Defendant B) and interest, delay damages.

3. Determination as to the defendants' defenses, etc.

A. The defendants asserted that the plaintiff's loan of this case, interest thereon, and damages for delay against the defendants were extinguished by repayment.

Gabsp, Gap evidence 7-1 through 10, 12 through 17, Eul evidence 8, Eul evidence 3, Eul evidence 5, Eul evidence 7, Eul evidence 9, Eul evidence 10-2, Eul evidence 10-2, and

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