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(영문) 대구지방법원 2017.11.09 2016가단31111
대여금
Text

1. Defendant B’s KRW 50,000,000 per annum for the Plaintiff and 5% per annum from October 18, 2016 to November 9, 2017.

Reasons

1. Basic facts

A. On January 20, 2004, the Plaintiff lent KRW 70 million to Defendant B, and Defendant C and D guaranteed this.

B. On April 6, 2004, the Plaintiff lent KRW 50 million to Defendant B, and the due date was set on December 30, 2004, and the interest was paid at the end of each month.

C. The Plaintiff lent KRW 40 million to Defendant B in 2006.

[Ground] Facts without dispute, Gap's evidence 1-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion is that the Plaintiff sought payment of KRW 116.5 million out of the total amount of KRW 160 million loaned to the Defendant B, and that Defendant C and D have jointly and severally guaranteed the loan amounting to KRW 70 million on January 20, 2004, if the Plaintiff jointly and severally guaranteed the loan amounting to KRW 11.6.5 million.

In regard to this, the defendant's side, while settling the claims and obligations of the plaintiff and the defendant B at KRW 60 million, decided to exempt the defendant C and D from the liability for guarantee. Since the defendant B paid additional KRW 10 million, it is argued that the remaining obligations of the plaintiff in the plaintiff in the plaintiff in the plaintiff in the plaintiff in the plaintiff in the plaintiff in the plaintiff in the defendant B remain in full.

B. 1) First of all, we examine the claim against Defendant B. According to the above basic facts, Defendant B is obligated to pay the loan sought by the Plaintiff, barring any other special circumstances. Accordingly, Defendant B has a defense of debt settlement and repayment. As such, it is examined as to this. Evidence Nos. 1-2 and 2-2 (Plaintiff’s document was prepared under the condition of a large quantity of drinking alcohol, and thus, it is invalid. However, there is no evidence to acknowledge this.

Comprehensively taking account of the respective descriptions of evidence No. 3, the Defendant’s results of the examination, and the purport of the entire pleadings, around February 2015, the Plaintiff and the Defendant B determined as KRW 60,000,000 the remainder after settling accounts of the existing obligation between each other, and decided to repay the remainder in installments in June, July, and August 2015, and Defendant B decided to pay the Plaintiff in installments on October 29, 2015.

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