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(영문) 청주지방법원 2017.11.30 2017가단6696
대여금
Text

1. The Defendant’s KRW 64,104,109 as well as 5% per annum from November 3, 2007 to May 24, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 30, 2015, the Defendant lent KRW 42 million to the Plaintiff, including KRW 10 million, and KRW 32 million, on February 23, 2016, and on February 23, 2016, the Defendant and C issued a monetary loan certificate (hereinafter referred to as “the instant loan certificate”) issued by the Defendant and C, stating that “The Defendant and C have approved the debt amount of KRW 75 million and paid KRW 75 million, including KRW 42 million borrowed from the Plaintiff and the actual investment dividends of KRW 33 million, not later than August 31, 2016.”

B. The Defendant repaid the Plaintiff totaling KRW 5 million from April 2006 to July 2006.

C. On April 3, 2007, the Plaintiff filed an order for the payment of loan claims with the Cheongju District Court 2007 tea1972 against the Defendant and C, and received a payment order from the above court, stating, “The Defendant and C shall jointly and severally pay to the Plaintiff the amount of KRW 70 million and the amount calculated at the rate of 20% per annum from April 25, 2007 to the date of full payment,” and the above payment order was finalized on May 9, 2007.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay the remainder of KRW 75 million to the plaintiff who applied for the payment order of this case for the interruption of the extinctive prescription of the claim based on the above finalized payment order (=5 million won - five million won), and as requested by the plaintiff, 5% per annum from September 1, 2006 to May 24, 2017, the delivery date of the original copy of the payment order of this case, and 15% per annum under the Civil Act, which is the delivery date of the original copy of the payment order of this case.

3. Judgment on the defendant's assertion

A. The defendant asserts that the principal and interest should be calculated on the basis of KRW 42 million, which is the amount actually paid.

The court shall deny the contents of a disposal document as long as it is deemed that the document has been authentic.

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