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(영문) 대구지방법원의성지원 2015.04.29 2014가단2862
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 36,60,000 and the interest rate of KRW 20% per annum from November 27, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff remitted to the Defendant the Defendant KRW 5,00,00,000 on July 29, 2004, KRW 4,500,00 on August 10, 2004, KRW 2,000 on September 9, 2004, KRW 1,500,00 on September 24, 2004, KRW 1,50,000 on September 1, 2004, KRW 1,500 on October 15, 2004, KRW 50,000 on October 25, 204, KRW 200,00 on October 25, 200, KRW 2,000 on November 30, 200, KRW 70,00 on November 30, 205, KRW 100 on May 1, 2005, KRW 200 on May 16, 2005

B. On March 25, 2005, the Defendant prepared and awarded to the Plaintiff a certificate of borrowing that “The Defendant borrowed KRW 16,500,000 from the Plaintiff to the Plaintiff at the end of each year in full.”

C. The plaintiff is the defendant even thereafter.

On March 31, 2005, KRW 1,00,000, KRW 700,000 on May 31, 2005, KRW 1,000,000 on June 13, 2005, KRW 1,000,000 on June 30, 2005, KRW 1,300,000 on July 13, 2005, KRW 1,500,000 on October 12, 2005, KRW 00,000, KRW 00 on October 12, 2005, KRW 2,000 on October 10, 200, KRW 60,00 on April 19, 200, KRW 30 on the Defendant’s account (the Defendant’s 10,000 on April 10, 200 on 10, 207).

Accordingly, from July 29, 2004 to November 26, 2007, the Plaintiff remitted total of KRW 36,600,000 to the Defendant on 21 occasions.

【Ground of recognition】 Evidence Nos. 1-1 through 21, and Evidence Nos. 2-1 and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, it is reasonable to view that the Plaintiff lent KRW 36,600,000 to the Defendant, barring any special circumstance, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 36,60,000 and damages for delay calculated at the rate of 20% per annum from November 27, 2014, which is the day following the delivery date of a copy of the complaint of this case to the day of full payment, as the Plaintiff seeks.

On the other hand, the defendant did not borrow money received from the plaintiff as a donation from the plaintiff, but the loan certificate (Evidence A 2) written by the plaintiff is written by the plaintiff's coercion.

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