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(영문) 부산지방법원 2018.02.08 2017가단21943
대여금
Text

1. As to KRW 44,749,216 and KRW 38,938,91 among the Plaintiff, the Defendant shall have 3% per annum from March 8, 2017 to July 5, 2017.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-3.

It confirms that the above amount is borrowed from A by the obligor B (including KRW 10 million for lease on a deposit basis). It promises to pay the above amount until December 31, 2016, and if the obligee is unable to pay, even if all the legal measures and actions of A are taken by the obligee.

(b) interest shall be paid monthly in calculating the bank interest rate (3%). (a) A.

On May 7, 2016, the Defendant drafted a loan certificate (hereinafter “the loan certificate of this case”) with the following content to the Plaintiff.

B. The Plaintiff lent KRW 107,610 on June 21, 2016 to the Defendant, (1) KRW 107,610 on June 21, 2016, ② KRW 500,00 on September 3, 2016, ③ KRW 300,000 on September 30, 2016, ④ KRW 100,000 on October 1, 2016, ⑤ KRW 500,000 on October 23, 2016, and KRW 10,000 on November 1, 206; and (2) as the office rent of the office used by the Defendant to Co., Ltd; and (3) as the office rent of the Defendant, KRW 1,52,647 on July 5, 2016, ② 200 on September 29, 2016, respectively.

2. The assertion and judgment

A. The gist of the parties’ assertion (1) The Defendant is obligated to pay the Plaintiff KRW 43,00,000,000, out of the total amount of the loan 45,810,225.

(2) The Defendant borrowed money from the Plaintiff and repaid a reasonable amount of money.

B. (1) In full view of the purport of the entire pleadings in the evidence Nos. 1 and 2 written evidence Nos. 1 and 2, the Defendant is recognized to have remitted KRW 1,00,000 to the Plaintiff on November 3, 2016, ② KRW 700,000 on January 17, 2017, ③ KRW 50,000 on March 7, 2017, respectively.

According to the above facts of recognition, the defendant is confirmed to have paid the above remittance amount to the plaintiff as partial repayment of the principal and interest of the loan, unless there are special circumstances.

On November 3, 2016, the Plaintiff asserted that the amount of remittance KRW 1,000,000,000, not the repayment of the principal and interest of the loan, was paid as a real estate brokerage fee, but as a result, was paid.

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