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(영문) 수원지방법원 2020.11.27 2020가단514612

대여금

Text

The loan case between the plaintiff and the defendant was dated July 21, 2010.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the respective descriptions of evidence Nos. 1 and 2 and the overall purport of the pleadings, the Plaintiff filed a lawsuit against the Defendant on December 10, 2009 against the Suwon District Court Sung-nam Branch 2009Gahap16373, and the facts that the following mediation (hereinafter “instant mediation”) was established between the Plaintiff and the Defendant on July 21, 2010.

The defendant shall pay 35,00,000 won to the plaintiff until August 31, 2010, and 35,000,000 won to the plaintiff until September 30, 2010. If the defendant fails to pay the above money by the payment date, the damages for delay calculated at the rate of 20% per annum from the day following the date of payment to the date of full payment shall be paid.

2. The plaintiff waives the remaining claims.

3. The costs of lawsuit and the costs of mediation shall be borne by each person;

B. According to the above facts, the plaintiff's assertion seeking confirmation that there exists a judicial claim for the interruption of extinctive prescription of a claim based on the above confirmed conciliation protocol is well-grounded, and the defendant currently contests the existence of the above claim, and the interest in such confirmation is also recognized (as long as the plaintiff's selective claims against the defendant, referring to the claim seeking confirmation of a lawsuit for the interruption of extinctive prescription of a claim based on the conciliation protocol of this case, the part of the selective claimant seeking direct monetary payment need not be examined further). 2.

A. The gist of the Defendant’s assertion and the Defendant concluded an agreement with Japan to distribute the remainder after deducting the import price of goods and necessary expenses from the price received from the above company from the above company to C after importing carbon fiber cut goods from Japan, and then selling them to C.

At the time, the Plaintiff said that the import price of the instant goods was US$20/kg for the Defendant.