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(영문) 대구지방법원 2017.02.07 2016가단101997
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 34,618,959 and the interest rate of KRW 15% per annum from December 21, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. From August 2, 2006 to October 201, the Plaintiff lent a total of KRW 109,548,000 to the Defendant several times. On October 29, 2011, the Defendant prepared and issued a loan certificate to the Plaintiff with the following content:

As of October 1, 2011, the defendant extended a total of KRW 109,548,000 on several occasions from August 2, 2006 to pay KRW 16,150,00 among them, and recognized that he/she is currently liable to pay KRW 93,398,000, and repaid KRW 20,000 out of the principal until December 31, 201. The remainder will be repaid by June 30, 2012.

B. On July 8, 2012, the Defendant prepared and delivered a loan certificate with the following content to the Plaintiff.

The Defendant borrowed the principal of KRW 109,548,00 on several occasions from August 2, 2006 to October 29, 2011, and paid KRW 16,150,000 in some amount, and KRW 20,000,000 in some amount, respectively.

However, even though the remaining principal amount of KRW 73,398,00 was promised to fully repay until June 30, 2012, it failed to comply with it.

Accordingly, the Defendant promises to fully repay the principal of KRW 73,398,00 and interest KRW 27,784,766, which remain until December 31, 2012 (hereinafter omitted).

C. On March 16, 2013, the Plaintiff additionally lent KRW 1,600,000 to the Defendant.

After March 16, 2013, the Defendant repaid each of the amounts indicated in the “amount of repayment” column to the Plaintiff on each day indicated in the “date of repayment” column of the “statement of principal and interest of obligations” in the attached Form.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 3, Eul's 1, 2, and 3 (including each number), the purport of the whole pleadings

2. Determination as to loan claims

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff KRW 73,398,00 of the leased principal as of December 31, 2012, and KRW 27,784,766 of the interest accrued therefrom, and any delay damages incurred after January 1, 2013, additional loans of KRW 1,60,000 as of March 16, 2013, and interest and delay damages incurred therefrom.

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