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(영문) 대구지방법원 2019.01.11 2018가단125515
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 45,400,000 and the interest rate thereon from September 14, 2017 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B borrowed KRW 70 million from the Plaintiff upon Defendant D’s introduction, and on August 18, 2017, Defendant B repaid KRW 56,812,350 as part of the principal and interest of the loan to the Plaintiff.

B. On September 14, 2017, Defendant B prepared and provided a loan certificate (Evidence A No. 1; hereinafter “instant loan certificate”) with the principal amounting to KRW 45.4 million, interest 3% per month, and due date for payment as of September 2017 to the Plaintiff, and Defendant D jointly and severally guaranteed the debt on the instant loan certificate.

C. On September 8, 2017, the Plaintiff issued a cashier’s check equivalent to KRW 26 million at a stock company E, and issued a check to Defendant D at the time of the preparation of the instant loan certificate.

[Grounds for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the result of the response to the order to submit financial transaction information to Gap corporation E, the purport of the whole pleadings

2. The court shall recognize the existence and contents of the declaration of intention as stated in the statement, unless there is any clear and acceptable counter-proof to deny the contents of the statement, so long as the judgment on the cause of the claim is recognized as having been authentic.

(See Supreme Court Decision 93Da5456 Decided October 11, 1994, etc.). On September 14, 2017, Defendant B: (a) prepared and delivered to the Plaintiff the loan certificate of KRW 45,400,000 per annum; (b) KRW 3% per annum; and (c) the due date of repayment on September 201, 2017 (hereinafter “the loan certificate of this case”); and (d) Defendant D jointly and severally guaranteed the debt of this case; (b) barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff interest or delay damages calculated at the rate of 24% per annum, as sought by the Plaintiff, within the scope of the agreed interest rate from September 14, 2017, which is the date on which the loan certificate was written to complete payment.

3. As to the Defendant B’s assertion, Defendant B borrowed KRW 70 million from the Plaintiff, and received the value-added tax refund, and repaid KRW 56,812,350, and additionally borrowed money.

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