(영문) 울산지방법원 2015.03.31 2014가단66566

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(영문) 울산지방법원 2015.03.31 2014가단66566

대여금

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1. The defendant shall pay 30,500,000 won to the plaintiff and 20% per annum from September 4, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff and her husband C operated a D gas station (hereinafter “instant gas station”).

On December 2013, the Plaintiff and the Defendant had taken over and jointly operated the instant gas station (hereinafter “instant trade agreement”), and the Plaintiff worked as an employee in charge of the accounting, etc. of the gas station.

B. On November 29, 2013, the Plaintiff lent 100 million won to the Defendant, and the Defendant prepared a loan certificate (the certificate No. 1 and the loan amount are stated as 200 million won) to the Plaintiff, and E guaranteed the above debt.

C. E and the Defendant agreed to terminate the instant partnership agreement around December 10, 2013.

The Plaintiff received 69,500,000 won out of the borrowed money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the remaining 30,500,000 won after deducting the plaintiff's 69,50,000 won paid out of 100 million won borrowed money from the plaintiff.

The defendant concludes that the business contract of this case is terminated, and the plaintiff, the defendant, the defendant, and the defendant are liable to pay approximately KRW 100 million of the oil purchase price, and Eul agreed to pay the loan to the plaintiff, so the defendant was exempted from the obligation to pay the loan to the plaintiff.

It is insufficient to acknowledge the fact that the respective descriptions of evidence Nos. 1 and 2, each of the Defendant and E, with a view to bearing the Defendant’s obligation to pay the Plaintiff’s loan to the Plaintiff, and there is no other evidence to acknowledge that the Plaintiff agreed to be exempted from the Defendant’s obligation to pay the loan (if it is more insufficient to acknowledge the fact that the Defendant agreed to be exempted

Therefore, the defendant's argument is without merit.

Therefore, the defendant's KRW 30,500,000 and the defendant's service of a copy of the complaint of this case at the rate of 20% per annum from September 4, 2014 to the day of full payment.

참조조문

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