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(영문) 대전지방법원서산지원 2020.10.14 2020가단171
대여금
Text

The defendant's KRW 40,000,000 for the plaintiff and 5% per annum from January 30, 2020 to October 14, 2020.

Reasons

1. Determination on the cause of the claim

A. The following facts can be acknowledged according to the purport of Gap evidence Nos. 1, 3, and 5 of fact-finding and the whole arguments.

1 The defendant shall set forth the plaintiff, ① on October 31, 2005, ② on July 24, 2008, ② on July 24, 2008, ③ the same year.

9. 1 million won for 24.1 million won, 4.1 million won for 14.14.14.14.14.14.1 of the same year, 5 million won for 7.18.18.7 million won for the same year, 6.27.14 million won for the same year, and 7.

6. 9.4.5 million won, 8. The same year.

6. 26. 5.8 million won borrowed 43.3 million won.

2. The defendant on August 7, 2009 and on August 7, 2009, KRW 20 million out of the loan amount of KRW 50 million until August 30, 2008, and KRW 30 million on February 2, 2020 and the same year.

8.2. The letter of loan (Evidence A No. 1) was drawn up and delivered to the effect that it will be repaid in installments.

3) In addition, on March 4, 2010, the Defendant’s letter of payment (Evidence A 3, hereinafter “instant letter of payment”) purporting that the Plaintiff will pay in installments the loan amount of KRW 40 million to the Plaintiff in installments (hereinafter “instant letter of payment”).

B) The Plaintiff prepared and delivered the amount. B. According to the above facts, since the Plaintiff agreed to pay the amount of KRW 40 million to the Defendant on March 4, 2010 after lending the amount to the Defendant several occasions, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40 million with the borrowed amount of KRW 40 million and the amount of KRW 50 million from January 30, 2020 to October 14, 2020, the day following the day when the notice of the instant payment order was served, which is the day when the payment order was served, from January 30, 2020 to October 14, 2020, the date following the day when the payment order was served, and 12% per annum from the next day to the day when the full payment was made (Evidence 1 and 2 alone are insufficient to recognize that the Defendant’s outstanding loan amount was KRW 50 million,000,000,000,000,000).

2. Judgment on the Defendant’s argument

A. The Defendant asserts that the extinctive prescription expires, and ten years have passed since August 7, 2009, on which the Defendant prepared and delivered the certificate of borrowing (No. 1) to the Plaintiff.

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