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(영문) 대구지방법원경주지원 2020.06.10 2019가단15307

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 12% per annum from November 12, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The defendant has borrowed money from the plaintiff since several years ago.

B. On October 1, 2013, the Defendant: (a) confirmed that the obligor (B) borrowed funds from the obligee (A). On October 1, 2013, the Defendant prepared a loan certificate stating “(B)” (hereinafter “instant loan certificate”) and issued it to the Plaintiff.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 12% per annum from November 12, 2019 to the day of full payment, which is clear that it is the day following the delivery of a copy of the complaint of this case to the Defendant.

B. The Defendant asserts that the sum of KRW 123,080,00 for the money remitted by the Plaintiff from 2012 to 2013 is the sum of KRW 123,080,00 for the money remitted by the Plaintiff, and the Defendant submitted a written objection against the payment order on November 18, 2019, and that KRW 110,100,000 as stated in the reasons submitted along with the Defendant’s written reply on January 9, 2020, and KRW 1980,00 on August 7, 2013, KRW 27,50,000 for the same month, KRW 480,00 for the same month, and KRW 123,590,000 for the money remitted by the Defendant to the Plaintiff, the Defendant’s submission of the written objection against the payment order on July 18, 2019 to KRW 30,000,00 for the instant case’s 3.5 million.

On October 1, 2013, the Plaintiff’s transfer of KRW 45 million on the date of the instant loan certificate to the Defendant, which was written on October 1, 2013, is not verifiable, but the Defendant itself acknowledges that “at that time, the Plaintiff was using a loan certificate with only the transactional relationship at that time,” and thus, the loan certificate is settled by settling accounts between them.