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(영문) 대구지방법원안동지원 2017.11.30 2017가합3274
대여금
Text

1. The Defendant’s KRW 32,05,000 as well as 2% per annum from August 24, 2013 to June 5, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff married on December 17, 1991 and maintained the marriage relationship until now. The defendant married around 1986 but divorced on November 7, 1996.

B. From around 2012, the Plaintiff became aware of the Defendant’s independence as a guest in the headline operated by the Defendant.

C. Around June 6, 2013, the Plaintiff lent KRW 4,000,000 to the Defendant respectively, and KRW 5,000,000 around July 19, 2013.

On July 25, 2013, the Plaintiff: (a) lent KRW 24,00,000 to the Defendant; (b) drafted the following loan certificates (hereinafter “the instant loan certificates”).

Japan: 33,00,000 regularly borrow and promise to implement the following provisions:

1. Remittance 24,00,000 won, excluding the remainder of 9,000,000 won deposited on June 6, 2013 (4,00,000 won deposited on June 6, 2013 and 5,00,000 won deposited on July 19, 2013) and re-preparation a loan certificate;

2. Interest shall be paid in two copies a year, and the repayment method shall be one thousand won,00,000 won as of the 20th of each month, with the Plaintiff’s account of community credit cooperatives until the principal and interest is repaid.

3. If the principal and interest are in arrears even once, the defendant shall lose the benefit of time, and by applying the statutory maximum interest, the plaintiff shall pay the principal and interest en bloc without any objection even if the plaintiff claims the principal and interest.

(e).

On November 2016, the Plaintiff filed a complaint against the Defendant on suspicion of fraud and intimidation as follows.

(hereinafter referred to as “related accusation case”). ① The Defendant, without intention or ability to repay, deceiving the Plaintiff without any capacity, borrowed KRW 33,000,000 from the Plaintiff on the loan certificate of this case.

② The Defendant, without any intention or ability to repay, deceivings the Plaintiff and borrowed a total of KRW 95,40,000 from August 19, 2013 to September 28, 2016.

③ The Defendant, without any intention or ability to repay, borrowed the sum of KRW 45,00,000 as the Ccafeteria acquisition fund.

(4) The defendant shall make an offer under the joint name of the plaintiff or make a repayment to the plaintiff without any intention or ability.

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