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(영문) 서울북부지방법원 2018.12.18 2018나33563
대여금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be found either as a dispute between the parties or as a whole as to the entries in Gap evidence Nos. 1, 4, and 1 as a whole.

The defendant is the wife C.

B. Upon C’s request, the Plaintiff asked D to discount the number of shares (hereinafter “the instant check”) causing KRW 50 million for the issuance of E Co., Ltd., and D discounted the number of shares at KRW 44 million.

C. On February 27, 2015, the Plaintiff transferred KRW 20 million to D. D.

C on February 2, 2016, issued to D a promissory note with face value of KRW 22 million, and on May 31, 2016. On the same day, C issued and delivered a promissory note notarial deed (No. 102, 2016, No. 2016, No. 102, No. 2016, No. 102, No. 2016, No. 2016, No.

E. On April 12, 2017, the Defendant promised to pay KRW 20 million to the Plaintiff, and immediately paid KRW 1,00,000,000 to the Plaintiff on the same day. On the same day, the Defendant prepared and delivered a letter stating that “the Defendant shall have regularly borrowed KRW 19 million from the Plaintiff, the due date shall be paid KRW 15,00,000 on May 15, 2017, and the remaining KRW 9 million shall be paid by June 15, 2017.” The Defendant promised to assume the civil criminal responsibility upon failing to perform the obligation (hereinafter “each of the instant notes”).

F. From May 15, 2017 to June 28, 2017, the Defendant remitted KRW 12 million to the Plaintiff.

2. Summary of the parties' arguments

A. Upon receiving the Plaintiff’s request from C to issue the instant check at a discount, the Plaintiff received the said check at a discount of KRW 44 million from D, but the Plaintiff defaulted, and paid KRW 20 million to D on behalf of C on the responsibility of mediation.

The defendant, as a wife of C, paid 1 million won in preference to the plaintiff while paying the money that C shall pay to the plaintiff in lieu of the money that C shall pay to the plaintiff, and as to the remaining 19 million won, the letter of each of the above cases.

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