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(영문) 울산지방법원 2016.03.29 2015가단50681
대여금
Text

1. The defendant shall pay to the plaintiff KRW 26,552,600 per month from May 1, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On September 2008, the Defendant prepared and rendered to the Plaintiff a certificate of loan (Evidence A 1) stating the purport of “the loan of KRW 16 million in 2005, and KRW 2 million in September 2, 2008.”

The term “first claim” is called “first claim.”

B. On January 5, 2010, the Defendant issued to the Plaintiff a certificate of loan under the name of Defendant C (Evidence A 2-1) with the term “10 million won in rent, interest rate of 10% per annum, and due date of payment on January 5, 2012.”

(Interest) In addition to “10% per annum”, the term “one hundred thousand won per annum” is also indicated as “one hundred thousand won per month.” In this case, the term is indicated as “one hundred thousand won per annum.”

C. Around January 2010, the Defendant prepared and rendered to the Plaintiff a certificate of loan (Evidence 2-2 of the Evidence No. 2 of the said Table) with “the rent of KRW 27 million, interest KRW 200,000 per month, and due date for payment on January 5, 2012.”

‘Third Credit'. D.

From January 16, 2005 to October 11, 2013, the Defendant was working as the Plaintiff’s family helper. The Plaintiff’s husband’s business registration was changed on October 11, 2013.

E. On January 7, 2013, the Defendant repaid KRW 10 million to the Plaintiff.

[Ground of Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2-1 [the defendant alleged that this loan certificate was prepared by duress, but there is no evidence to acknowledge it], Gap evidence No. 2-2, Gap evidence No. 4, Eul evidence No. 2 and No. 10, the purport of the whole pleadings, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserts that the second claim is a separate claim. On the other hand, the Defendant asserts that the second claim is a separate claim, not a separate claim, and that the second claim is prepared on January 5, 2010 (Evidence 2-1 of the Evidence A), and thereafter, the Plaintiff requested re-preparation as the Plaintiff did so by mistake in the above loan certificate and demanded re-preparation, including the first and second claims, until January 2010, and the issuance of the loan certificate (Evidence 2-2 of the Evidence A) pursuant to the third claim is newly prepared.

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