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(영문) 수원지방법원 2015.09.01 2014가단38407
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 22,180,000 as well as 20% per annum from April 3, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On October 7, 2009, the Defendant borrowed KRW 7.5 million from the Plaintiff as the interest rate of KRW 2% per month and the due date of repayment until December 2, 2012.

B. The Defendant borrowed KRW 4,80,000 from the Plaintiff on May 24, 2010 and borrowed KRW 2,000,000 from the Plaintiff to pay KRW 1,520,000,000 for the remainder; KRW 1,200,000 for the loan on June 17, 2010; KRW 80,000 for the remainder to pay KRW 1,20,000 after borrowing KRW 4,80,000 for the loan on July 26, 2010; KRW 5,20,000 for the remainder to pay KRW 2,40,000 for the loan on August 17, 2010; and KRW 1,760,000 for the remainder to pay KRW 5,000 for the loan on September 27, 2010.

C. On April 2, 2014, the Plaintiff received KRW 10 million from C to the Defendant, and notified the Defendant of the transfer on the same day upon delegation of the said transfer notification authority by C. The said transfer notification reached the Defendant on April 4, 2014.

The ground for recognition: The facts without dispute (the defendant led to the confession described in the above A, B, and (5) in the written reply dated September 11, 2014 of this case, and the plaintiff invoked the confession in the legal brief dated September 17, 2014 of this case. Since the above written reply was deemed to have been made on the second date for pleading which was held on December 16, 2014, the facts described in the above A, B, and (5) are non-survable. The defendant revoked the confession as to the facts described in the above A, B-2, and (5) from the legal brief dated October 2, 2014 of this case. However, although the confession was revoked, it is difficult to believe that the confession was contrary to the truth and due to mistake, and there is no other evidence to recognize it otherwise, the above confession revocation-21-31-21-31 of this case has no effect).

2. Determination

A. The above recognition is that the Defendant is obligated to pay the Plaintiff a total of KRW 12,180,000 (= KRW 7.5 million KRW 1,520,00 KRW 1.520,00 KRW 5.260,00 KRW KRW 1.760,00 KRW). In full view of the written evidence No. 2-4, the Defendant’s whole purport of the pleading on October 7, 2009.

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