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(영문) 수원지방법원성남지원 2019.01.08 2017가합405275
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay 100,000,000 won to the Plaintiff (Counterclaim Defendant) and its payment from March 31, 2016.

Reasons

1. Determination as to the cause of the principal claim

A. The gist of the Plaintiff’s assertion was that the Plaintiff lent money to the Defendant several times for a long time, including the total amount of KRW 130,000,000,000, out of the secured debt of the right to collateral security established in the religious facilities on two lots, including Kimcheon-si, and Kimcheon-si (hereinafter “Defendant’s temple”).

On March 16, 2016, the Defendant received part of the loan principal and interest so far from the Defendant, and settled the remaining principal and interest at KRW 100,000,000, and cancelled all of the collateral security, and received the certificate of borrowing (Evidence A (hereinafter “the certificate of borrowing”).

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 100,000,000 as well as agreed interest and delay damages on the loan certificate of this case.

B. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 and 4, it is recognized that the defendant prepared and completed the loan certificate of this case with the purport that "one hundred million won was borrowed from the plaintiff at the interest rate of 10% (payment on March 30, 2016)" to the plaintiff when settling the financial transaction relationship with the plaintiff on March 17, 2016 (the defendant asserts that he/she did not have prepared and paid the loan certificate of this case and that he/she shall repay it to December 30, 2016). However, according to the appraiser D's appraisal result, the defendant's address, name, and resident number's writing on the above loan certificate is recognized as the same fact as the defendant's writing, and thus the above loan certificate's authenticity is established). Accordingly, the defendant is obligated to pay the plaintiff the interest rate of 10 million won and delay damages calculated at the interest rate of 25% per annum from March 31, 2016 to the date it is repaid.

2. Judgment on the defendant's defense and the ground for counterclaim as to the principal lawsuit

A. From December 14, 2005 to June 8, 2016, the Defendant borrowed KRW 51,900,000 from the Plaintiff. The Defendant borrowed KRW 51,90,000 from the Plaintiff during the same period as the principal and interest thereon.

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