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(영문) 대구지방법원경주지원 2020.05.27 2019가단15529

차용금

Text

1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 12% per annum from November 15, 2019 to the date of full payment.

Reasons

1. According to the Gap evidence No. 1 of the judgment on the cause of the claim, it is acknowledged that the plaintiff and the defendant prepared a notarial deed on July 14, 2009, stating that "the defendant shall bear the debt of KRW 120 million from the plaintiff on July 14, 2009," which is "the defendant shall make an offer to pay the debt of KRW 50 million on September 10, 2009, KRW 70 million on November 10, 2009, KRW 90,000,000 and KRW 70,000 on November 10, 2009, and the plaintiff shall consent." Thus, barring any special circumstance, the defendant shall be liable to pay damages for delay at the rate of KRW 1,20,000,000,000, excluding the amount of partial repayment that the plaintiff received from the plaintiff on July 15, 2019.

2. As to the Defendant’s assertion, the Defendant asserts that the obligee of the above loan is Nonparty D, not the Plaintiff, and the repayment was made additionally. However, there is no evidence to acknowledge this.

3. Conclusion is decided as per Disposition.