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(영문) 인천지방법원부천지원 2017.06.16 2016가단27728
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 39,00,000 and the interest rate of KRW 15% per annum from October 21, 2016 to the date of full payment.

Reasons

Comprehensively taking account of the purport of Gap evidence No. 1 and evidence No. 3, the plaintiff, the representative of "C", the plaintiff's husband D, who works in "C", requested the defendant to import freezing goods for the business of "C" around 2011, and paid 39,000,000 won to the defendant, and D, who did not send freezing oil, demanded the defendant to prepare a loan certificate. On October 4, 2011, the defendant prepared and delivered a loan certificate stating "C, 200,000 won borrowed on October 4, 201 (hereinafter "the loan certificate of this case"). Accordingly, according to these facts, the defendant was obligated to receive goods to deliver "C" to "C," and prepare a certificate of loan of this case to the plaintiff at the rate of 39,000,000 won, which is the representative of "C," and the defendant is obligated to pay the plaintiff the loan of this case at the rate of 10,000 won, 39,0000 won.

If so, the plaintiff's claim shall be accepted for the reasons of the judgment as per Disposition.

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