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(영문) 대구지방법원김천지원 2019.09.10 2019가단31944
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 100,587,169 and the interest rate of KRW 20% per annum from May 24, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The seal of the Defendant is affixed to the following loan certificates owned by the Plaintiff (hereinafter “the loan certificates of this case”).

L/Won 102,00,000,000 won per day of the loan certificate (Won 102,00,000) and received the above amount clearly from E, which is promising to perform the obligation as follows:

1. The repayment period of the principal shall be fixed by July 30, 2014 by a clerk;

2. The interest shall be paid at 20% per annum by the date of each month.

3. The principal and interest shall be paid at the address of the obligee;

4. The following cases shall lose the benefit of time, and there is no objection such as discharge, etc. even if the creditor requests at once the total amount of principal and interest:

(a) Where the provisional seizure, compulsory execution, etc. is effected due to other debts;

(b) July 24, 2012 when the payment of interest has been in arrears at least once.

B. On August 2, 2012, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) by the Daegu District Court No. 49752 regarding real estate owned by the Defendant, including the Gu-U.S. Si, Si, Gu-si C, 67§³, etc.

The sales reservation certificate attached to the registration certificate on the provisional registration of security of this case stated that the sales price of each of the above real estate is KRW 102,00,000.

C. On May 23, 2014, the Plaintiff received dividends of KRW 38,803,515 as a person with the provisional registration authority for security on the procedure of the auction of real estate in the Daegu District Court Kimcheon Branch D and E (Dual) real estate as to a part of each of the above real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including the serial number, and Gap evidence No. 1-1-1-1-1-2) are presumed to have established the authenticity of the whole document as a whole, since there is no dispute over the defendant's stamp image part, since the whole document is presumed to have been established. The defendant defense that the plaintiff forged the above document but no evidence exists

2. Determination

A. The plaintiff's assertion 1 of the parties concerned gave a loan to the defendant several times, and the defendant confirmed that the loan is KRW 102,00,000.

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