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(영문) 수원지방법원안산지원 2015.08.17 2013가단45761
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 29,806,836 and KRW 29,081,643 among them, from May 13, 201 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 15, 2010, the Plaintiff lent KRW 30,000,00 to the Defendant with the due date set as of August 30, 2010. The Plaintiff calculated the prior interest rate of KRW 2,00,000 and deducted that amount, and then remitted KRW 28,000,000 to the Defendant’s account.

B. On the same day, the Defendant: “I, on July 15, 2010, promised to borrow KRW 30 million from I (Plaintiff) and pay interest and principal until August 30, 2010; and I, in writing, deliver to the Plaintiff a certificate of borrowing.”

C. The Defendant remitted the Plaintiff’s account of KRW 770,00 on November 12, 201, KRW 770,000 on December 16, 201, KRW 770,000 on January 12, 201, KRW 60,000 on February 11, 201, KRW 700,00 on February 14, 201, KRW 750,00 on March 14, 201, KRW 80,00 on April 15, 201, and KRW 750,000 on May 750, 201, respectively.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 through 4 (including each number in the case of additional number) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts that the defendant is obligated to repay the above loan amount of KRW 28,000,000 by lending KRW 30,000 to the defendant, and that the defendant is not obligated to pay the above loan of KRW 28,00,000,00,000. On the other hand, in investing KRW 30,000 to the non-party C (Co. D), the defendant merely delivered the above loan to the non-party C, and thus, the defendant is not obligated to pay the above amount.

On July 15, 2010, the defendant prepared a loan certificate (No. 1) and delivered it to the plaintiff on July 15, 2010. As seen earlier, the defendant asserted that this is less than the strong pressure of the plaintiff and the plaintiff E, and the defendant affixed a seal to the above loan certificate. However, the evidence submitted by the defendant alone is insufficient to recognize it, and there is no other evidence to acknowledge it, the defendant's statement Nos. 5 and 6 must be viewed against the plaintiff and E.

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