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(영문) 대전지방법원천안지원 2017.09.08 2016가합103081
대여금
Text

1. The defendant shall pay 450,000,000 won to the plaintiff and 24% per annum from October 31, 2015 to the day of complete payment.

Reasons

1. Summary of the parties' arguments

A. On August 1, 2013, the Plaintiff: (a) leased KRW 10 million to the Defendant; (b) KRW 21 million on December 24, 2013; (c) KRW 5 million on January 7, 2014; and (d) KRW 14 million on a total of KRW 100 million on January 10, 2014; and (d) the Defendant agreed to pay the Plaintiff KRW 150 million on January 10, 2014 by up to February 15, 2014, KRW 150 million in total, KRW 90,000 on the instant land, including loans, and KRW 150,00,00,000,000, KRW 200,000,000,000,000; and (d) KRW 10,000,000 on the instant land and KRW 20,00,000,00.

On September 24, 2013, the Defendant agreed to pay KRW 300 million out of the above purchase price to the Plaintiff who had a claim for a loan of KRW 300 million against C, and prepared a certificate of borrowing (Evidence A No. 2-1, hereinafter “the certificate of borrowing”).

Therefore, the defendant is obligated to pay the above contract amount of KRW 300 million to the plaintiff.

B. The Defendant’s loan certificate of this case was prepared and ordered by G to borrow KRW 300 million from the Plaintiff to use for the construction fund, and G did not thereafter borrow money from the Plaintiff.

2. Determination as to the claim

A. The Plaintiff loaned a total of KRW 140 million to the Defendant between August 1, 2013 and January 10, 2014, regarding the determination of KRW 150 million including loans, etc., and thereafter, the Defendant agreed to pay the Plaintiff KRW 150 million as a result of the loan and its performance on January 10, 2014, does not conflict between the parties.

Therefore, the defendant shall pay to the plaintiff the amount of loans and the amount of 150 million won.

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