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(영문) 전주지방법원 2018.09.05 2017가합2747
대여금
Text

1. The Defendant’s KRW 300,000,000 as well as annual 5% from February 15, 2017 to September 5, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The certificate of borrowing money (No. 4, hereinafter “the certificate of borrowing of this case”) in the Defendant’s name contains the following contents:

Japan: KRW 300 million: A. B. the obligor shall borrow the above-mentioned amount with the rate of interest (interest).

Article 2 Interest shall be paid on the 13th day of each month, and the principal shall be repaid by the debtor B (the creditor office) by May 14, 2017.

3. If interest has been in arrears two or more times, no objection shall be raised even if the debtor claims against him/her at any time regardless of the arrival of the time limit.

4. In the event that C does not perform the obligation with respect to the payment of interest and the repayment of principal, it shall not cause any damage to the creditor by performing the obligation with respect to the payment of interest and the repayment of principal.

5. As above, the agreement shall be signed and sealed on this money borrowed for the following day.

February 13, 2017: debtor Gwangju Mine-gu D

B. On February 14, 2017, the Plaintiff remitted KRW 300 million to the Defendant’s deposit account.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 4, the result of the order to submit financial transaction information to Gap corporation E, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that: (a) on February 14, 2017, the Plaintiff leased KRW 300 million to the Defendant at the maturity of May 14, 2017 and the interest rate of KRW 10 million; and (b) the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 300 million per annum 25% per annum as stipulated in the Interest Limitation Act within the scope of the agreed interest from February 15, 2017 to the date of full payment.

B. The Defendant’s assertion F requested that the Plaintiff borrow KRW 300 million from the Plaintiff to receive money, and the Defendant received KRW 300 million from the Plaintiff, and upon F’s request, transferred KRW 210 million to G deposit account in the name of G and KRW 30 million to H’s deposit account in the name of H, and only received KRW 60 million from F. The Defendant asserted as above and claimed KRW 100 million from F.

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