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(영문) 대구지방법원 2019.05.30 2018가단16543
대여금반환
Text

1. As to the Plaintiff KRW 100,000,000 and KRW 40,000 among them, the Defendant shall start on June 4, 2017, and the remainder 60,000.

Reasons

1. Basic facts

A. On February 3, 2017, the Plaintiff transferred KRW 40,000,000 to the deposit account in the name of the Defendant, and KRW 50,000,000 on February 8, 2017, respectively.

B. On February 3, 2017, the Defendant is the obligor, the Plaintiff is the obligee, and the obligor borrowed KRW 40,000,000 from the obligee, and the interest would be repaid on June 3, 2017, and the Defendant’s certificate of borrowed money (Evidence A No. 1-1) was prepared and delivered to the Plaintiff.

In addition, the borrowed money certificate has the defendant's seal imprint, and the defendant's certificate of personal seal impression issued on February 3, 2017 (A No. 1-2) is attached.

C. In addition, on February 8, 2017, the defendant is the debtor, the plaintiff is the creditor, and the debtor borrowed KRW 60,000,000 from the creditor, and the interest will be repaid on June 8, 2017, and the loan certificate (Evidence 1-3) in the name of the defendant was prepared and delivered to the plaintiff.

In addition, the borrowed money certificate has the defendant's seal imprint, and on February 8, 2017, the defendant's seal imprint certificate (No. 1-4) issued by the defendant is attached.

On April 18, 2017, D remitted KRW 20,000,00 to the deposit account in the name of the defendant.

[Ground of recognition] A without any dispute, Gap evidence 1-1 through 4, Gap evidence 2, and Eul evidence 3, the purport of the whole pleadings.

2. On February 3, 2017, the Plaintiff, which caused the Plaintiff’s claim, lent KRW 40,000,000 to the Defendant on the due date set on June 3, 2017, and leased KRW 60,000,000 on February 8, 2017, with the due date set on June 8, 2017, the Plaintiff filed a claim for refund and payment of damages for delay.

A Nos. 1-3 and 1-3 are evidence.

50,000,000 won was remitted from February 8, 2017 to February 8, 2017, at the time, 10,000,000 won was paid in cash and paid in cash, 2.4% per month for the total amount of 100,000 won.

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