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(영문) 수원지방법원 2014.10.31 2014가합6087
대여금
Text

1. The Defendant shall pay 150,000,000 won to the Plaintiff and 20% per annum from May 18, 2014 to the day of complete payment.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence No. 1 and evidence No. 2-1, 2, and 3 as to the cause of the claim, the plaintiff decided to lend 150,000,000 won to the defendant on January 20, 201 at the maturity of December 31, 2013 and at the interest rate of 30%, and prepared a loan certificate (Evidence No. 1) stating the above contents. The plaintiff deposited KRW 20,000,000 on January 20, 201, pursuant to the above agreement, the plaintiff deposited KRW 10,000,000 on February 8, 201, and KRW 30,000 on March 4, 2011 into each Defendant’s deposit account.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff a loan of KRW 150,00,000 and damages for delay at the rate of 20% per annum from May 18, 2014 to the date of full payment, as the Plaintiff seeks.

2. The Defendant’s assertion argues that the Defendant: (a) borrowed KRW 150,00,00 from the Plaintiff to borrow KRW 150,000; (b) prepared a loan certificate (Evidence A); (c) revoked the said certificate; and (d) on March 7, 2011, the Defendant claimed that on March 7, 201, the Plaintiff was paid KRW 150,000,000 to the second floor of the apartment house on the third floor in Suwon-si, Suwon-si, Suwon-si, Suwon-si, a multi-household of KRW C, a multi-household of KRW 83.73 square meters; (b) 83.73 square meters on the third floor; (c) 83.73 square meters on the third floor; and (d) 78.48 square meters on the ground that the Plaintiff was paid KRW 150,000,000 as the purchase price.

In full view of the purport of the entire pleadings in the statement No. 1, the fact that the registration of ownership transfer in the name of the Plaintiff was completed on March 7, 2011 with respect to the instant housing on March 8, 2011 is recognized.

However, in full view of the above evidence and evidence Nos. 2 and 3, the following circumstances, namely, the Plaintiff’s custody of the loan certificate (Evidence No. 1), and the sales price of the sales contract (Evidence No. 2) on the instant housing, is merely KRW 58,00,000.

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