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(영문) 대구지방법원 김천지원 2017.01.13 2016가합274

대여금

Text

1. The defendant shall pay 150,000,000 won to the plaintiff and 25% per annum from March 29, 2007 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 29, 2006, the Plaintiff, upon the Defendant’s recommendation, invested KRW 150 million in Liber A Co., Ltd. (hereinafter “FL”) that was promoting a new apartment construction project in the Gangwon-gun C Group of Gangwon-gu.

B. As to the above investment amount, the Defendant prepared and provided the following “cash storage certificate” to the Plaintiff:

The daily cash custody certificate: 3750,000,000 won per annum; the period during which taxes are not deducted: Before December 29, 2006 to December 28, 2007, the above amounts are borrowed.

Facts that there is no dispute over A [based grounds for recognition], Gap evidence 2, and Eul evidence 5, each

2. Determination

A. The Defendant’s obligation to repay the borrowed money, separate from Liber temporary, shall be deemed to have agreed to repay the borrowed money to the Plaintiff (hereinafter “instant agreement”). Thus, the Defendant, barring any special circumstance, has the obligation to pay the Plaintiff the borrowed money amounting to KRW 150 million, interest, and delay damages equivalent to the interest (hereinafter “the debt of this case”).

B. 1 The defendant's defense was proved to have extinguished the debt of the loan of this case, which is the guaranteed debt, since the defendant entered into the agreement of this case in order to guarantee the repayment of the investment to the plaintiff of Liber, and the debt of Liber is extinguished by the expiration of the prescription period.

However, according to the following circumstances, Gap evidence Nos. 1, 2, Eul evidence Nos. 5, Eul evidence Nos. 7 through 12, and the whole purport of arguments, i.e., cash custody certificate, the defendant agrees to guarantee the Flad interim obligation.

In the event that the debt of this case is extinguished or the debt of this case is extinguished, there is no indication that the debt of this case is extinguished. ② Rather, the Defendant’s cash custody certificate is KRW 150 million.