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Reasons
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(영문) 전주지방법원 2018.10.17 2018가합205
대여금
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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 267,704,559 as well as KRW 252,367,79 as well as for KRW 257,795 as from November 1, 2017 to December 2017.

Reasons

1. Facts of recognition;

A. From September 23, 2015 to October 24, 2016, the Plaintiff loaned a sum of KRW 26,444,00,00 to Defendant B as indicated in the following table.

Serial Temporary loan amounting to KRW 10 million on September 23, 2015, KRW 20 million on September 25, 2015, KRW 30 million on September 25, 2015, KRW 40 million on October 7, 2015, KRW 50 million on December 3, 2015, KRW 50 million on April 5, 2016, KRW 60 million on June 3, 2016, KRW 70,000 on June 32, 2016, KRW 8.5 million on August 5, 2016, KRW 16, KRW 400,000 on KRW 60,000 on September 1, 2016; KRW 600,000 on June 34, 201, KRW 16.4 million on June 16, 2016.

B. From December 4, 2015 to October 19, 2017, Defendant B repaid the Plaintiff totaling KRW 80,901,000, as indicated in the separate sheet of calculation of appropriation amount, as each of the above loans and the agreement thereon, to the Plaintiff.

C. On December 5, 2015, Defendant B: (a) issued and delivered a document of borrowing money (No. 2-1) stating that “the Plaintiff borrowed KRW 100 million from the Plaintiff; (b) the interest will be repaid by the end of each month; and (c) the principal will be repaid by December 31, 2016; and (b) Defendant C guaranteed the said debt; (c) Defendant B borrowed KRW 200 million from the Plaintiff on September 30, 2016; and (d) Defendant B issued and delivered a certificate of borrowing money (No. 2-2) stating that “the principal shall be repaid by the end of each month; and (e) the principal shall be repaid by December 31, 2018.”

3) Defendant B prepared and delivered a certificate of borrowing money (Evidence A, No. 1 and No. 2-3) with the purport that “I promise to pay the above amount on October 31, 2017,” to the Plaintiff. Defendant C, D, E, and F jointly and severally guaranteed the Defendant B’s obligation to pay the above borrowed amount to the Plaintiff. [In the absence of any dispute over the grounds for recognition, evidence No. 1, evidence No. 2-1 through 5, evidence No. 2-1, 2, and 3-1, 2, and 3-1, 2, and 3 of the evidence No. 1, and the purport of the entire pleadings.”

2. The Plaintiff’s assertion from September 23, 2015.

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