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Reasons
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(영문) 수원지방법원안산지원 2014.06.26 2013가합5364
대여금
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1. The Defendant’s KRW 257,846,220 among the Plaintiff and KRW 119,570,411 among them shall be from August 23, 2013 to June 26, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff leased KRW 130,000,000 to the Defendant on each date set forth below, each of the money stated in the “goldwon” column of the same Table.

The amount of money on the date (unit: 10,000,000 on October 30, 1999) 10,000 on July 4, 2000 on July 4, 2000 3, 200,000 on April 2, 2004 6, 200,000 on April 15, 200,000 on April 2, 2004 5, 2005 on April 13, 2005 6,000 on April 30, 200,000,000 on January 5, 2005; 130,000,0007 March 23, 2005 / [1]

B. The Defendant paid the Plaintiff KRW 30,000,000, in total, the amount indicated in the column for “Franch” of the said Table on each of the dates set forth below the table 2.

[Attachment 2] The amount of money (units: Won) No. 1 on November 25, 2004 20,000,000 on December 19, 2005 30,0000 on December 19, 2005

C. The plaintiff and the defendant paid to the plaintiff on March 19, 2007.

With respect to the sum of KRW 30,000,000 in each of the amounts stated in the subsection, a loan certificate was drawn up to the effect that “the Plaintiff borrowed KRW 30,000,000 from the Defendant on March 19, 2007, and the unpaid interest rate up to the time shall be KRW 10,650,000, and shall later pay interest.” (hereinafter “the first loan certificate”).

On March 22, 2007, the Plaintiff and the Defendant are above-mentioned to the Defendant.

With respect to the borrowed money as stated in paragraph (1), a loan certificate was prepared to the effect that “the principal of the Plaintiff’s loan shall be KRW 130,000,000, and the Defendant shall pay interest at the rate of 1.5% per month from April 2007 to the date of full payment, and shall pay the Plaintiff interest at the rate of KRW 30,250,000,000, which shall not be paid until the time of full payment.” (hereinafter “the second loan certificate of this case”)

[Ground of recognition] A without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, and the appraiser C's appraisal result indicate the plaintiff's name which is recognized as the plaintiff's penology, and the plaintiff's name is recognized as the plaintiff's penology, and since there is no dispute over the following stamp image of the defendant's name, the authenticity of the whole document is presumed to be established.

The plaintiff is the above document.

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