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(영문) 대구지방법원서부지원 2017.11.30 2016가단5492

대여금

Text

1. The Defendant’s KRW 10 million and the Plaintiff’s annual rate of 5% from April 20, 2016 to November 30, 2017.

Reasons

1. Basic facts

A. From around March 16, 20108, the Plaintiff demanded the Defendant to prepare a loan certificate with respect to the money borrowed during the period on or around March 16, 2010. Accordingly, the Defendant paid the Plaintiff KRW 50 million after six months, and the monthly interest shall be KRW 1.5%, and the interest shall be paid in advance.”

B) The Defendant prepared and proposed the Plaintiff. B. The Defendant paid each of the Plaintiff KRW 21 million on April 15, 2010, and KRW 30 million on July 17, 2012. (c) On August 27, 2012, the Plaintiff lent KRW 10 million to the Defendant under C’s name. [In the absence of any dispute over recognition, the Plaintiff’s entry in the evidence Nos. 1 and 3, and the purport of the entire pleadings.]

2. The assertion and judgment

A. As to the instant loan certificate, the Plaintiff alleged that “the Defendant’s 21 million won, which was paid by the Defendant on April 15, 2010, was the Defendant’s 20,000 won to the Plaintiff as D’s surety,” and the Defendant did not guarantee D’s obligation. The Defendant asserted that the Defendant was the repayment of the instant loan certificate and the additional amount of KRW 30,000,000,000,000,000,000,000,000,000 won was repaid to the Plaintiff, and there was no evidence to acknowledge that the Defendant guaranteed the Plaintiff’s obligation to D’s Plaintiff [the Plaintiff’s 00,000 won was signed and sealed by the Defendant on the D’s loan certificate (No. 5-2 of the evidence No. 5), ② that D’s 100,000 won was returned to the Plaintiff with the Defendant’s testimony written by the Defendant on April 1, 2015.”