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(영문) 대구지방법원 2016.11.24 2015가단36478
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 7 million and KRW 2.2 million per annum from August 16, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff transferred the following money from the account of the Cheongdo Branch (Evidence A7) of the Daegu Bank of Korea to the Defendant’s Daegu Bank’s business affiliated account (Evidence A) (Evidence A).

In this regard, the Defendant and C issued a loan certificate (cash receipt) to the Plaintiff as follows:

The amount of remittance transferred on the date of the sequence 1, 200,000 won for the interest payment due date, 3% per month of 12 million won per 12 million won per 12 million won per 1.5 million won per April 1, 2013, KRW 3% per April 20, 2013, KRW 1,000,000 per 3% per April 20, 2013, KRW 1,500,000 per 5,00 won per 5,00 won per August 5, 2013, KRW 5,000 won per 37,00 won per 22 million per December 28, 2013, KRW 200,000 per 37,00 won per 37,000 won per 37,000 won per 37,84.28, 2013

B. At the beginning of April 2014, the Plaintiff sold the site and its ground (hereinafter “E real estate”) to the Defendant for general restaurants and housing (hereinafter “E real estate”) at KRW 14 million.4 million.

On April 4, 2014, the Defendant agreed to pay the Plaintiff KRW 100 million out of the purchase price and to pay the unpaid amount of KRW 4 million up to August 10, 2014 with interest rate of KRW 5%.

In addition, on April 4, 2014, the Plaintiff, at the expense of the registration of ownership transfer of E real estate, lent the amount of KRW 10 million to the Defendant on April 5, 201, 5% of interest per month and the due date on April 30, 2014.

[Basis] Evidence No. 1-5, Evidence No. 3, Evidence No. 4-3, Evidence No. 4, Evidence No. 7, Evidence No. 1, and the purport of the whole pleadings

2. Determination as to the claim for loans related to account remittance and loan certificate

A. The Plaintiff’s assertion 1) The Plaintiff borrowed KRW 1.2 million, and received a loan certificate once, KRW 2.5 million, KRW 1.5 million, KRW 1.5 million, KRW 1.5 million, KRW 6 million, and KRW 1.6 million, and KRW 4.3 million, KRW 7.2 million, KRW 8.3 million, and KRW 8.3 million, the Plaintiff’s assertion by the Defendant and C received KRW 2.5 million.

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