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(영문) 청주지방법원 제천지원 2018.11.07 2017가단328
대여금
Text

1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and KRW 2% for each month from November 28, 2016 to March 31, 2017; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff holds a certificate of borrowed money issued by the Defendant on September 9, 2016 (hereinafter “certificate of borrowed money”).

A summary of the content of the instant loan certificate is that “the Defendant, as the debtor, borrowed KRW 40,00,000, paid 2% interest per month to the 27th of each month, and repaid the debt until October 27, 2017.”

B. The basic form of the loan loan certificate is as shown in the attached Form 2. The loan certificate of this case is well at the bottom below the debtor's personal information as shown in the attached Form 1.

C. On September 28, 2016, the Defendant paid KRW 800,000 to the Plaintiff.

[Reasons for Recognition] Evidence Nos. 1 to 3, Evidence No. 1 to 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent a total of KRW 40,000,000 in cash to the Defendant from around A, 2015 to around A, 2016. On September 9, 2016, the Plaintiff was issued and delivered the instant loan certificate from the Defendant.

The Defendant paid the Plaintiff KRW 800,000,000 as interest on September 28, 2016, and KRW 800,000 as interest on October 27, 2016, and did not pay the remainder of the principal and interest to the Plaintiff.

Therefore, the defendant is liable to pay to the plaintiff KRW 40,000,000 and interest and damages for delay.

B. The defendant's assertion did not have borrowed KRW 40,000,000 from the plaintiff.

In order to borrow KRW 40,00,000 from C, the Defendant prepared the instant loan certificate, and kept it under the Defendant’s lux board, which was located in the Defendant’s shop, without actually borrowing. However, the Plaintiff stolen it.

The Defendant borrowed KRW 1,00,000 from the Plaintiff on July 28, 2016 and repaid KRW 200,000 on September 28, 2016, and paid KRW 40,000 to the Plaintiff on September 28, 2016, and did not pay KRW 80,000 as interest for KRW 40,00 on September 28, 2016.

3. The evidence mentioned above, Gap evidence Nos. 6 to 11, and Eul evidence Nos. 4 to 13, respectively.

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