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(영문) 의정부지방법원 고양지원 2018.01.26 2017가단9704
대여금
Text

1. The Defendant’s 2,3950,000 won as well as 5% per annum from July 21, 201 to December 29, 2017 to the Plaintiff.

Reasons

1. The Plaintiff and the Defendant have no dispute over the establishment of the notarial deed of promissory notes (hereinafter “notarial deed of this case”) dated April 27, 201, and there is no dispute over whether the Plaintiff additionally lent 31.8 million won to the Defendant and the Defendant repaid 59.85 million won by July 20, 2011.

2. Assertion and determination

A. The plaintiff asserts that the amount of the claim at the time of preparing the Notarial Deed of this case is KRW 52 million, and the defendant asserts that it is KRW 40 million.

B. In light of the fact that the Plaintiff and the Defendant stated that the amount of the bill was KRW 52 million when preparing the notarial deed in the middle settlement, and that the Plaintiff and the Defendant directly entrusted the preparation of the notarial deed in the instant case without going through their agents (Evidence A12), it is reasonable to view the Plaintiff’s claim amount as KRW 52 million as the Plaintiff’s consent at the time of preparing the notarial deed in the instant case.

Therefore, the defendant is obligated to pay to the plaintiff 2,3950,000 won (52 million won 3,180,000 won-5,9850 won) and damages for delay calculated at each rate of 15% per annum under the Civil Act from July 21, 201, which is the day following the date of final repayment (the defendant does not dispute the initial date) to the plaintiff from July 21, 201 (the initial date) to December 28, 2017, on which the application for change of the purport of the claim and the cause of the claim was served until December 29, 2017, and from the next day to the date of full payment, 5% per annum as stipulated under the

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