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Reasons
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(영문) 대구지방법원 상주지원 2017.01.19 2016가합215
대여금
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1. The Defendant’s KRW 146,784,892 and its portion

A. From August 31, 2016, 60,000 won shall be fully repaid.

Reasons

1. Basic facts

A. On September 5, 2006, the Defendant prepared and delivered the following certificate of borrowing (Evidence A 1) to the Plaintiff.

in borrowing the above amounts of KRW 100,000,000 on borrowed money, the following terms shall apply:

1. Amount: 1,00,000 won;

2. Interest rate: 10%/year;

3. Repayment date: 15% per annum on December 31, 2008.

B. On September 5, 2007, the Plaintiff received KRW 10,000 from the Defendant for a year interest of KRW 10,00,000 from the Defendant. 2) After the Plaintiff asserted that the Plaintiff received KRW 20 million from the Defendant on April 4, 2008 and August 11, 2011, at the Plaintiff’s complaint, the Plaintiff claimed that the Plaintiff received KRW 20,000 from the Defendant on November 21, 2011. However, if the Plaintiff’s husband Nonparty C prepared and issued the receipt (Evidence 2) to the Defendant, the time when the Plaintiff received KRW 20 million from the Defendant to the Defendant on August 11, 2011.

In addition, each of the 20,000,000 won was paid to 40,000,000 won and agreed to pay the principal to 1,00,000,000 won out of the principal and interest of the loan.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff seeks to pay the remainder of KRW 60,00,000,00, excluding the remainder of KRW 40,000,000 which was appropriated to the principal of the borrowed principal, and interest of KRW 153,476,710 which was calculated on June 20, 2016, as well as delay damages of KRW 153,476,710 which was calculated on June 20, and interest of KRW 153,476,710 which was calculated on June 20, 2016; 2) The Defendant, barring any special circumstance, shall seek to pay the Plaintiff the remainder of KRW 40,000 which was appropriated to the principal of KRW 10,00,000,000, and KRW 60,000 which was deducted from the remainder of KRW 40,000 which was appropriated to the principal of the borrowed principal; ② interest payment date of KRW 300,000 per annum

The rate of 10% per annum for principal of 80,000,000 won from April 5, 2008 until December 31, 2008 shall be 5.

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