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(영문) 대구지방법원 2019.12.20 2019가단136390
대여금
Text

1. The defendant shall pay 34,500,000 won to the plaintiff and 20% per annum from January 23, 2010 to the day of complete payment.

Reasons

1. The facts without dispute, Gap evidence Nos. 1 and 2, comprehensively taking account of the overall purport of the pleadings, the defendant loaned to the plaintiff a total of KRW 34.5 million between September 2, 2007 and August 26, 2008. The plaintiff prepared a loan certificate that "the principal will be repaid by the end of June 2009." The plaintiff filed an application with the Daegu District Court for the payment order against the defendant for the above loan of KRW 34.5 million and its delay damages as the Daegu District Court Decision No. 2010Ra75, the plaintiff filed an application for the payment order with the defendant for the above loan of KRW 34.5 million with the above court, and "the defendant shall pay to the plaintiff 3.4.5 million won and its late payment from the day following the delivery date of the payment order of this case to the day of full payment."

(2) Upon the issuance of the above order, the above order was served on the Defendant on January 22, 2010 and confirmed on February 6, 2010 is recognized. According to the above facts of recognition, the Defendant borrowed a total of KRW 34,50,000 from the Plaintiff to August 26, 2008, and decided to repay the amount until the end of June 2019. Thus, the Defendant is obliged to pay damages for delay at the rate of 20% per annum as stipulated in this case’s previous order of payment from October 23, 2010 to the date of full payment under the preceding order of this case.

2. As to this, the Defendant asserts to the effect that no money was borrowed from the Plaintiff, and that it was only the preparation of a loan certificate without the Plaintiff’s coercion, but there is no evidence to acknowledge it.

Therefore, the defendant's above assertion is not accepted.

3. Therefore, the plaintiff's claim of this case is accepted on the ground of the reasons.

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