(영문) 수원지방법원 2016.07.13 2016가단508795

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(영문) 수원지방법원 2016.07.13 2016가단508795

대여금

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Evidence Nos. 1, 2, and 5, and the purport of the whole pleadings

A. around August 2006, Defendant B requested the Plaintiff to lend KRW 100 million as it is necessary for the Plaintiff to conduct the bond business. Accordingly, on August 17, 2006, the Plaintiff lent KRW 100 million to Defendant B without setting a deadline, and Defendant C, the denyingr of Defendant B, jointly and severally guaranteed the above loan obligation.

On the other hand, the Defendants issued and delivered to the Plaintiff a promissory note with face value of KRW 100 million, payment at sight, place of issue, place of payment, and place of payment at hand.

B. The Plaintiff, from the Defendants, appropriated the interest amount of KRW 5 million on September 19, 2006, KRW 3250,000 on November 20, 2006, KRW 3250,000 on December 20, 2006, KRW 3250,000 on January 20, 2007, KRW 20,000 on January 29, 2007, and appropriated it for the repayment of principal with the interest amount of KRW 2.15 million on January 20, 207, KRW 2.1.5 million on February 20, 2007, after receiving the interest amount of KRW 8 million on March 28, 2007, KRW 2.15 million on repayment of the principal amount (=the interest amount of KRW 2.5 million on January 27, 2005, KRW 2.5 million on repayment of the principal amount).

2. The allegations by the parties and the judgment of this court

A. Credit (1) The Plaintiff’s assertion (A) made an agreement with Defendant B on interest with the Plaintiff.

(B) There was no counterclaim between the Plaintiff and the Defendants.

(2) In addition to the facts found in the judgment of the court below, the Defendants paid the amount in excess of the principal, and the promissory note was delivered to the Plaintiff. There is no special reason that the Plaintiff borrowed funds from the Plaintiff for the bond business and did not pay the Plaintiff the price for the borrowed money. Therefore, it is reasonable to deem that there was an interest agreement between the Plaintiff and the Defendants.

Therefore, the plaintiff's interest and principal are paid with the money received from the defendants.

유사 판례

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