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(영문) 부산지방법원 2007.07.26 2005가단11028

대여금

Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 8,59,160, and 5% per annum from February 18, 2005 to July 26, 2007.

Reasons

1. Basic facts

A. The Defendants, as married couple, jointly borrowed KRW 26,00,000 from the Plaintiff on October 19, 199; KRW 1,000,000 on November 8, 199; KRW 22.3,00,000 on May 19, 200; KRW 10,000 on May 19, 200; and KRW 26,000,000 on July 8, 200 without an agreement on the due date for repayment, with the interest rate of KRW 26,00,000 on July 8, 200.

B. The Defendants repaid to the Plaintiff each of the above loans worth KRW 50,00,00 on October 23, 199; KRW 1,000,00 on May 19, 200; KRW 600,000 on July 2, 200; KRW 1,800,000 on August 17, 200; KRW 600,000 on September 17, 200; KRW 10,000 on December 5, 200; KRW 10,000 on December 5, 200; and KRW 2,00,000 on June 18, 201; KRW 1,50,000 on September 8, 200, KRW 100 on September 10, 200; and KRW 8,000 on August 10, 205; and

C. Meanwhile, around August 23, 2004 with the Plaintiff, Defendant B borrowed KRW 8,599,160 per day, and KRW 26,00,000 from October 19, 199 to February 15, 2003 and paid part of the principal amount and interest, Defendant B confirmed that the said amount will not be settled (on Sundays). The Plaintiff and the debtor (Defendant B) confirmed that the said amount would be settled. The debtor (Defendant B) prepared a payment note (Evidence 2, 4, the same document as this document) stating that “The above amount will be paid within the designated date.”

[Ground of recognition] Facts without dispute, Gap 2 and 3 evidence, Gap 10 evidence 12, Eul 1-1, Eul 2-2, Eul 2-4 evidence, Eul 7-1 and Eul 2-2, Gap 10-5, 6, 11, and 14 each part of the arguments, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is the cause of the claim of this case. Its own 2,00,000 won on October 19, 1999 (the payment period shall be June 18, 2001), its 1,000,000 won on November 8, 199 (the payment period shall be September 8, 2001), its 3,00,000,000 won on April 12, 200 (the payment period shall be April 12, 200), its 0,000,000 won on February 13, 200 (the payment period shall be December 27, 200, the payment period shall be 10,000 won on March 27, 200, the total of 10,500 won (the payment period shall be 10,50,000 won on March 15, 200, the payment period shall be 10,501.2