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(영문) 대구지방법원포항지원 2020.02.13 2019가단4906
대여금
Text

1. The Defendant: (a) KRW 50 million to the Plaintiff; (b) 5% per annum from October 1, 2019 to February 13, 2020; and (c) February 14, 2020 to the Plaintiff.

Reasons

1. The fact that there is no dispute over the cause of the claim, and according to the purport of Gap evidence and the entire pleadings, the plaintiff: (a) remitted the amount of KRW 47720,000 to the defendant from January 3, 2016 to August 18, 2017; and (b) the defendant asserts that the amount remitted after the preparation of a copy of the loan certificate 2 is KRW 6,90,000,000; (c) however, the loan certificate (Evidence A No. 13) is proved as evidence concerning the entire monetary transaction relationship between the plaintiff and the defendant; and (d) the defendant, through the preparation of the above loan certificate, set the sum of the principal of the borrowed amount as KRW 50,00,000 from January 3, 206 to August 18, 2017, the above assertion by the defendant is without any legal meaning.

② The Plaintiff and the Defendant determined the total amount of the borrowed money as KRW 50 million during the above period, and agreed to deduct KRW 2.2,80,000,000,000,000 in advance, which is the difference between KRW 47.722,00,00,000, as interest, to the Plaintiff on August 10, 2017; ③ the Defendant issued and delivered a loan certificate in the name of the Defendant on August 10, 2017; ④ the Defendant issued to the Plaintiff on August 25, 2017 a false and forged certificate of the borrowed money in the name of Dong C, which is the Defendant’s birth.

Therefore, the defendant is obligated to pay to the plaintiff 50 million won a total of borrowed amounts of 50 million won and the damages for delay calculated at the rate of 12% per annum under the Civil Act from October 1, 2019 to February 13, 2020, which is the day following the day when the copy of the application for modification of the purport of the claim of this case is served, to the day when the defendant issues an objection, and from February 14, 2020, from February 14, 2020 to the day when the payment is made.

(2) On August 2, 2019, the defendant alleged that the procedure for individual rehabilitation is in progress, but the defendant's application for commencement of individual rehabilitation procedure was dismissed on August 28, 2019 (Seoul District Court 2019 Congress 18015), so long as the dismissal decision (the purport of the entire argument) was made (the purport of the pleading), the defendant's assertion has no legal meaning.

The following:

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