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(영문) 서울동부지방법원 2020.03.11 2019가단113209
대여금
Text

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

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

Reasons

1. Basic facts

A. On May 29, 2018, the Plaintiff borrowed KRW 56,372,80 from Defendant B Co., Ltd. (hereinafter “Defendant Company”) and paid KRW 5 million in installments from June 1, 2018 to May 31, 2019 as of the end of each month (1,372,800 won for the last day of the last day of the year from June 1, 2018 to May 31, 2019). The Plaintiff prepared and received a certificate of borrowing that immediately loses the benefit of time when delay is delayed. Defendant C jointly and severally guaranteed the said obligation.

B. The Plaintiff received KRW 5,00,000,000 from the Defendant Company on June 30, 2018, and KRW 5,000,000 on September 30, 2018, and KRW 5,000,00 on October 31, 2018, respectively.

[Reasons for Recognition] Evidence Nos. 1 through 4, Evidence No. 5, and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 41,372,800 and damages for delay.

B. The Defendants’ assertion against the Defendants: (a) concluded that the Plaintiff had a loan under the name of Defendant C in the past and did not pay the loan; and (b) that Defendant C had a promise to repay the loan; (c) thus, they would offset the previous debt; and (d) Defendant C would have paid the remainder of KRW 10,000 after deducting the amount of KRW 5,00,000 repaid on June 30, 2018, the Plaintiff prepared and issued a receipt (Evidence 2) with an employee D; and (d) Defendant Company repaid the amount of KRW 5,00,00,000 on September 30, 2018 and October 31, 201 of the same year, each of which was paid by Defendant C. Therefore, the defense that all of its debt was paid.

Therefore, according to the evidence evidence Nos. 1, 2, and 4, it can be acknowledged that the Plaintiff received KRW 46,372,800 from the Defendant Company on August 8, 2018, and thereafter, the Defendant Company paid KRW 10,000,000 in total. Thus, the Defendants’ defense is justified.

On the other hand, the plaintiff believed that Eul's No. 2 (Receipt) will immediately repay 46,372,800 won.

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