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Reasons
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(영문) 수원지방법원성남지원 2012.02.07 2011가합2445
대여금
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1. The Defendant shall pay to the Plaintiff KRW 390,070,000 as well as 20% per annum from March 11, 2011 to the date of full payment.

Reasons

1. The parties' assertion

A. The parties’ arguments relating to monetary transactions between the Plaintiff and the Defendant are as follows.

On January 28, 2004, the plaintiff's assertion on the date of No. 5 and the amount of money set forth in the plaintiff's assertion on January 28, 2004, lent money to the defendant by borrowing money from Sinnnn., but the loan amount is only KRW 40 million because it does not hold a detailed memory.

On March 11, 2004, the borrowed money was composed of KRW 20 million borrowed on January 28, 2004 and KRW 40 million borrowed on January 28, 2004.

(G) The amount of rent is KRW 40 million, not KRW 60 million, since it overlaps with KRW 20 million. Therefore, the total amount of rent is KRW 40 million.

2. On March 11, 2004, the Plaintiff, on April 13, 2004, borrowed KRW 20 million from her husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s

It recognizes the fact of borrowing.

4. On September 6, 2004, the Plaintiff borrowed D 20 million won from D and lent 20 million won to the Defendant.

Although the fact of the lending was recognized, the defendant directly repaid to D.

5. On December 1, 2004, the plaintiff Cho (E President) borrowed KRW 80,000,000 from Chocar to the defendant, and paid the remaining amount after deducting the overdue interest, etc. by the defendant.

The Plaintiff’s drawing up KRW 80 million was the second loan certificate No. 1-2 of the Plaintiff’s loan, and the Plaintiff’s above money repaid the principal and interest of the loan with the above amount.

However, as seen earlier Nos. 1 and 2, it was erroneous in the calculation of the principal and interest on the premise that the borrowed amount from Skye is KRW 60 million. Therefore, the actual borrowed amount from Skye is KRW 40 million when calculating the amount.

6. On June 28, 2005, the Plaintiff borrowed F 70 million won from F and deducted the principal and interest of the loan from F and paid the remainder to the Defendant.

At the time of borrowing, Gap's No. 1 (3) loan certificate.

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