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(영문) 의정부지방법원고양지원 2020.04.24 2019가단91486
대여금
Text

1. Defendant B’s KRW 76,00,000 and the Plaintiff’s annual rate of KRW 5% from December 1, 2017 to September 20, 2019.

Reasons

1. Determination as to the claim against the defendant B

A. In full view of the facts found in Gap evidence Nos. 1 through 3, it is recognized that the plaintiff and defendant B made several monetary transactions from January 2015, and defendant B made and delivered a loan certificate stating that "80 million won shall be borrowed from the plaintiff during 2017, but 45 million won shall be repaid until November 30, 2017, and 35 million won shall be repaid until August 30, 2017 (hereinafter "the loan certificate of this case") to the plaintiff during the period of 2017.

B. Determination 1 as to the cause of the claim 1) The plaintiff lent KRW 80 million to the defendant B prior to the preparation of the loan certificate in this case, and the defendant B prepared a loan certificate as to the above principal in 2017, and thus, the defendant B should pay the loan amount in accordance with the above loan certificate. On the other hand, the defendant asserted that the plaintiff did not demand of the plaintiff during 2017 as the plaintiff did not prepare the loan certificate in this case, and that the whole of the stated amount cannot be the loan amount. 2) The above facts acknowledged and the purport of the argument in each of the above evidence Nos. 1 through 4 were considered as a whole, and the following circumstances, namely, the plaintiff and the defendant B demanded the plaintiff to urge the plaintiff to pay the loan certificate in this case since Jan. 2015, the plaintiff and the defendant B made several payments transactions from around 2015 to the end of 2017, and that "the loan certificate in this case does not have any obligation" at the bottom of this case.

Even if Defendant B did not confirm the principal and interest of the loan due to the Plaintiff’s failure to pay the loan, it is difficult to obtain from the empirical rule that the Plaintiff prepared the loan certificate as the Plaintiff did not pay the loan certificate. ③ Defendant B did not raise any special objection as to the amount of the loan principal stated in the loan certificate, and the Plaintiff did not raise any special objection as to the issue of payment of the Plaintiff and interest after the issuance of the loan certificate.

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