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(영문) 대구지방법원 2019.10.18 2019가단9399

대여금

Text

1. The Defendant’s KRW 120,000,000 as well as 5% per annum from May 31, 2019 to October 18, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On August 22, 2018, the Defendant leased the building E (hereinafter “instant real estate”) located in Sinsan City from Nonparty C with a deposit of KRW 30 million, the rent of KRW 1.8 million, and the lease term of two years, and opened coffee shop in the instant real estate.

B. On August 22, 2018, and August 27, 2018, and September 3, 2018, the Plaintiff, the father of the Defendant, remitted the deposit amount of KRW 30 million to C to the Defendant on the set of coffee shop opening funds. < Amended by Presidential Decree No. 28790, Aug. 22, 2018; Presidential Decree No. 28747, Aug. 22, 2018>

C. On November 1, 2018, the Defendant remitted KRW 5,250,00 to the Plaintiff.

From February 6, 2019, the defendant reported 112 that the plaintiff abused the defendant on the same day, and received a medical examination from the F Hospital to give two weeks medical treatment.

E. On February 17, 2019, the Defendant prepared and rendered to the Plaintiff a certificate of borrowing (No. 4, hereinafter “the instant certificate of borrowing”) with the following content as of August 22, 2018, taking the date of preparation as of August 22, 2018:

1. Principal: 10 million won;

2. Date of payment: 5% per annum for arrears on August 22, 2025:

4. Time and method of payment: Deposit of the principal on the due date in the passbook;

5. Loss of benefit of time: An obligor shall lose the benefit of time if payment of the principal is in arrears even once, and an obligor shall, if a obligee claims the principal and interest and interest in arrears even before the due date for payment, make payment without objection.

바. 피고는 2019. 2. 17. 원고에게 “이따가 집에 제 짐 챙기러 갈게요. 가게 비용은 갚기로 했고 가게하면서 벌었던 수익으로 샀던 물건들이니까 짐만 가지고 갈게요.“라는 문자메시지를 보냈다.

G. On May 13, 2019, the Defendant applied for a temporary protective order against access and telecommunications access prohibition issued by using the Plaintiff as an actor on May 13, 2019 by using the Daegu Family Court 2019da144, but withdrawn it on May 31, 2019.

[Evidence] In the absence of dispute, Gap evidence 1, 2, and 3 evidence 1, 2, Gap evidence 4, Eul evidence 3 to 7, and 10, Eul evidence 2, the video of Eul evidence 2, and arguments.