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Reasons
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(영문) 창원지방법원진주지원 2020.06.05 2020가단588
대여금
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1. The defendant shall pay 38,400,000 won to the plaintiff and 12% per annum from January 17, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant prepared and delivered the document to the Plaintiff on November 15, 2013, and the main contents are as follows:

(hereinafter “instant letter of payment”). Total amount: C (Plaintiff) promise to pay KRW 300,000 per month to the Plaintiff for a period of two years and six months from December 15, 2013, respectively. The remainder amount is promised to be paid as a loan amount if he/she will perform funeral services on the loans of Jinju (D). However, if he/she becomes aware of it, he/she will continue to pay KRW 300,000,000, and will pay it as a full amount if he/she will perform funeral services even during this period.

B. From November 2013 to October 2019, the Defendant paid KRW 21,60,000 in total to the Plaintiff (300,000 per month indicated in the instant payment note x 72 times). From November 2019, the Defendant did not fully pay from November 2019.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. According to the above facts finding as to the cause of the claim, the defendant does not state a provision on loss of interest in the instant payment letter of KRW 38,400,00,000, which deducts the remaining amount of KRW 21,600,000, which was paid from the total amount of KRW 60,000 to October, 2019, from the total amount of KRW 60,000 entered in the instant payment letter of payment from November 1, 2013 to the plaintiff. However, since the defendant did not fully pay the amount of installments under the instant payment sheet from November 2019 to the plaintiff, it is difficult for the plaintiff to expect voluntary performance, such as disputing the plaintiff's claim, there is a need to claim in advance the total amount of KRW 38,40,00,00.

(60,000,000 won - 21,600,000 won) and damages for delay calculated by the rate of 12% per annum from January 17, 2020 to the day of complete payment, as sought by the Plaintiff.

3. The defendant's assertion is not the defendant, but the mother of the defendant, or the plaintiff.

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