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(영문) 대구지방법원 2018.10.19 2017가단19989

대여금

Text

1. The Defendant against the Plaintiff KRW 63,075,592 and KRW 7,470,542 among them, against November 10, 201, and KRW 8,000,000.

Reasons

1. Chief;

A. The Plaintiff asserted 1) from August 3, 2010 to July 20, 2011, the Plaintiff lent KRW 147,890,050 to the Defendant on 111 occasions, and detailed loan details are as follows (hereinafter the instant loan details).

As of the date of repayment of 10.38,525,00 per annum on August 3, 2010 10, 10.38, 525,000 per annum on August 2, 201, 80: 80,000 per annum on August 19, 2010; 30,000,000 per annum on August 19, 201; 80,000,00 per annum on August 4, 201; 10,000,000 per annum on August 19, 201; 30,000,000 per annum on August 19, 201; 30,000,000 per annum on October 8, 20, 200,000 per annum on August 10, 201.

However, in accordance with the order of appropriation for performance under Article 479 of the Civil Act, KRW 70,000,000 is a claim Nos. 1 in the table of loan contents of this case (hereinafter referred to as "claim Nos. 1 in the table of loan contents of this case") pursuant to the order of appropriation for performance, and where part of the principal and interest of a claim No. 2 is appropriated for discharge of the principal and interest of a claim No. 10,612,615 and No. 3 through No. 11 out of the debt No. 2, and the total amount of the unpaid obligation is KRW 86,217,65.

3) Therefore, the Defendant is obligated to pay the money stated in the purport of the claim to the Plaintiff. (B) The Plaintiff’s assertion 1) is the merchant, and the Plaintiff’s claim on the loan content table of this case is both commercial claims, and the period of prescription has expired since the Plaintiff did not exercise its claim for five years.

2. The defendant's defense of repayment shall be KRW 2,00,000 on November 30, 201, and KRW 5,000 on September 1, 201, and KRW 309.

참조조문