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(영문) 청주지방법원충주지원 2016.11.09 2016가단1765

대여금

Text

1. The Defendant’s KRW 19,017,342 as well as the Plaintiff’s annual rate from September 22, 2012 to November 9, 2016.

Reasons

1. On June 5, 2012, the Plaintiff’s summary of the Plaintiff’s assertion: (a) lent KRW 15,000,000 to the Defendant without interest; and (b) the method of repayment was to receive KRW 1,50,000 per month.

In addition, on June 5, 2012, the Plaintiff lent KRW 20,000,000 to the Defendant as interest rate of KRW 5% per month.

However, the defendant has paid only the total of KRW 10,500,000 up to seven times each time, and has not paid the remainder of KRW 24,50,000.

Therefore, the Plaintiff seek against the Defendant the payment of the remaining loans KRW 24,500,000 and damages for delay.

2. Determination:

A. The following facts are recognized in full view of each description of No. 1, No. 2, No. 6, No. 7, and No. 1 and the purport of the entire pleadings.

1) On March 2, 2011, the Defendant prepared a certificate of borrowing to the Plaintiff that “5,00,000 won was borrowed, the interest rate of which is 5% per month, and shall be paid on the 25th day of each month, and the principal shall be repaid on the 2011.” In addition, on July 31, 2012, the Defendant drafted a certificate of borrowing to the Plaintiff that “10,000,000 won was borrowed and the interest rate shall be 5% per month, and the maturity shall be 0,000,000 won shall be 30,000 won as stated in the above certificate of borrowing.” 2) Thereafter, the Plaintiff filed a lawsuit against the Defendant by asserting that the Defendant lent KRW 5,00,000 and KRW 10,000 to 30,000,000,000 per month, and the Plaintiff shall be paid on the 3030,013.5,2013.”

3. In addition, on November 26, 2010, the Defendant prepared to the Plaintiff a certificate of borrowing “15,000,000 won, which was fixed on May 26, 201 as due date,” and the Defendant’s wife C signed the said certificate of borrowing as the surety.

Since then, the Plaintiff filed a lawsuit against the Defendant and C for a loan claim under the Cheongju District Court Decision 2013 Ghana741.