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(영문) 대구지방법원포항지원 2016.09.01 2016가단101769
대여금
Text

1. The Plaintiff:

A. Defendant B shall complete the payment of KRW 198,911,068 and KRW 145,224,598 among them.

Reasons

1. Basic facts

A. On December 5, 2011, the Plaintiff regularly keeps KRW 250,000,000 from Defendant B, and the Plaintiff KRW 150,00,000,000 until June 10, 201, and the same year

7. To pay 100,000,000 won by October 10.

‘The cash custody certificate of this case' is less than ‘the cash custody certificate of this case'.

on the same day, 180,000 won was created and lent to the above defendant on the same day.

hereinafter referred to as "loan of this case"

(2) On September 13, 2013, the repayment date: (a) the repayment date set forth in the sequence 70,000,000 on September 13, 2012 (on August 14, 2013, 200, KRW 10,000,000 on August 27, 2013; and (b) the repayment date set forth in the table 10,000 on August 29, 2013, August 29, 2013; (c) the repayment date set forth in the table 10,000 on December 10, 200 on December 29, 2012; and (d) the total sum of KRW 10,000,000 on August 14, 2013; and (d) the repayment date set forth in the table 10,000,000; and

B. From September 31, 2012 to August 4, 2013, Defendant B paid KRW 115,000,000 to the Plaintiff on seven occasions as follows.

C. On October 21, 2013, Defendant C, his father and wife of Defendant B, agreed to pay KRW 65,000,000 borrowed by Defendant B to the Plaintiff until October 21, 2015.

(hereinafter “instant agreement”). D.

Defendant C paid KRW 10,00,000 to the Plaintiff on February 16, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, witness D's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) continued to demand the Defendant B to repay the debt of the instant loan, and on October 21, 2013, Defendant C, his wife of Defendant B, agreed to pay the amount of KRW 65,00,000 out of the loan of this case with the Defendant B. The Plaintiff did not exempt Defendant B from the remainder of the debt exceeding the above KRW 65,000,000.

B) The Plaintiff, while lending KRW 180,000,00 to Defendant B, intended to receive KRW 250,000,000,000, which is the difference, shall be deemed to have been paid as interest. Therefore, it shall be deemed that there was an agreement between the Plaintiff and the Defendant on interest around December 5, 201, and therefore, it shall be deemed that there was an agreement between the Plaintiff and the Defendant as to interest on the interest around December 5, 201) accordingly, the Plaintiff actually paid to Defendant B.

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