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(영문) 전주지방법원 2017.02.28 2016가단20185
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 18,100,000 to the Plaintiff (Counterclaim Defendant) and its payment from July 1, 2016 to the day of full payment.

Reasons

1. Determination as to the main claim

A. The facts of recognition 1) C is a certificate of borrowing the Plaintiff on January 11, 2007, stating that the Plaintiff borrowed KRW 48.1 million on January 30, 2007 (Evidence A 2; hereinafter “the certificate of borrowing”).

(2) At the time of the preparation of the loan certificate, the Defendant, who is the spouse of C, jointly and severally guaranteed the above debt to the Plaintiff. (2) The Defendant repaid to the Plaintiff the total amount of KRW 30 million on May 28, 2007, KRW 20 million on August 25, 2010, KRW 200 million on August 30, 2010, KRW 300,000 on August 30, 2010, and KRW 5 million on April 17, 2012.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

B. Therefore, the Defendant is obligated to pay to the Plaintiff the remainder KRW 18.1 million, excluding the remainder of KRW 30,000,000,000,000 that was already paid at the time of the preparation of the above loan certificate, and the damages for delay calculated at the rate of 15% per annum from July 1, 2016 (the next day of the service of the payment order in this case) to the day of full payment (the day of the service of the payment order in this case).

2. Judgment on a counterclaim

A. The plaintiff, which is the cause of the defendant's argument, received the amount of KRW 10 million on September 30, 2001, KRW 10 million on January 30, 2003, KRW 30 million on August 30, 2003, and KRW 10 million on August 30, 2003, and asked the defendant to lend the above amount to another person. On June 5, 2005, the plaintiff and the defendant borrowed the above amount of KRW 30 million on August 4, 2005.

After drawing up the loan certificate on June 5, 2005, the Defendant repaid the Plaintiff KRW 24 million. On January 11, 2007, the Plaintiff, despite the absence of interest agreement at the time of the above loan certificate, was the remainder of principal and interest as to the above debt and KRW 48.1 million, and the Defendant paid KRW 30 million after drawing up the loan certificate without additional monetary transactions.

As above, the Defendant borrowed KRW 30 million from the Plaintiff, and repaid KRW 54 million in total, and paid KRW 24 million.

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