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(영문) 창원지방법원 2020.09.10 2019가합57520
대여금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 218,59,322 and KRW 139,851,761 from December 1, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On January 5, 2006, the Plaintiff and C (the spouse of the Defendant) representing the Defendant entrusted the Plaintiff and the debtor with the preparation of a notarial deed of debt repayment contract No. 10 of the 2006 document (hereinafter “notarial deed of debt repayment contract of this case”) on the part of notary public law firm D with the obligee and the debtor as the defendant:

Article 1 of the Notarial Deed of Debt Repayment Contract approves that the obligor bears the following obligations against the obligee, and makes an offer to pay the obligation in accordance with the provisions of this Agreement, and the obligee accepts it.

(a) Debt amount: 200,000,000 won (hereinafter “the loan of this case”);

(1) The date on which the obligation occurs; December 28, 2004; and

(1) The due date: the same day of December 28, 2009. The method of repayment: In case the debtor delays the repayment of the principal or interest, Article 5 (Amount of delay damages) of the lump sum payment, Article 3 (Interest) 0.75% per month (Payments 28% per month), the due date shall be paid to the creditor in proportion to 20% per annum to the delayed principal or interest.

B. The Defendant paid to the Plaintiff the sum of KRW 175,915,090 as indicated in the attached Table and the date of payment indicated in the calculation table of the amount of appropriation for performance (from January 28, 2005 to December 29, 2014: Provided, That even if there is no money paid on the 28th day of each month, which is the date of payment of interest for the calculation of the amount of appropriation for performance, the Defendant indicated that KRW 175,915,090, directly or through C, was paid to the Plaintiff’s father’s E account.

[Reasons for Recognition] The entry of Gap evidence Nos. 19 to 21, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is as follows: (a) although the Defendant is obligated to refund the loan amount of KRW 200,000,000 and interest or delay damages thereon to the Plaintiff according to the authentic deed of the instant loan agreement, the Defendant claimed the Plaintiff’s claim as of April 16, 2020, which was submitted by the Plaintiff, for the period from the date of the loan to the date of 2014.

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