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(영문) 수원지방법원 2016.08.23 2015가단138854
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 43,796,686 and the amount of KRW 4,696,686 from October 19, 2012 to the date of full payment.

Reasons

1. Basic facts

A. On July 11, 2013, the Defendant drafted and delivered to the Plaintiff a promissory note with face value of KRW 60 million and due date as of July 19, 2013.

B. The Defendant paid to the Plaintiff KRW 16,131,930, Sept. 11, 2012, KRW 16,131,930, KRW 18,000,000 on Sept. 18, 2012, and KRW 13 million on Oct. 18, 2012.

Grounds for recognition: Gap 2-4, the result of the order to submit financial transaction information to the Dongtan Agricultural Cooperative of this Court, the whole purport of the pleading.

2. Determination

A. The Plaintiff asserted that the Plaintiff provided KRW 29,100,000,000 to the Defendant, which was KRW 30,000,000,000,000 to the Defendant on June 27, 2012 after the due date of payment for three months, after deducting KRW 9,000,000,000 from the prior interest rate for three months. ② On July 13, 2012, the Plaintiff loaned KRW 19,60,000 after deducting KRW 40,000 from the prior interest rate for two months after the due date of payment, and ③ on September 26, 2012, the Plaintiff lent KRW 10,000,000 to the Defendant without setting the interest rate and due date for payment.

The Plaintiff did not prepare a certificate of loan at the time of lending money to the Defendant. On July 11, 2013, the Defendant drafted and delivered a promissory note worth KRW 60 million to the Plaintiff.

The Defendant repaid the Plaintiff totaling KRW 16,131,930 on September 11, 2012, KRW 16,131,930 on September 18, 2012, KRW 18,000 on September 18, 2012, KRW 131,930 on October 18, 2012, and KRW 16,131,930 on October 18, 2012. If repayment is made with interest and principal of the said loan, the principal of the said loan remains the total amount of KRW 46,57,691, and the Defendant is obligated to pay the Plaintiff the said KRW 46,57,691 and delay damages therefrom.

B. (1) Determination (1) In addition to the facts that the Defendant written and delivered a promissory note of KRW 16,131,930 in total between September 201 and October 2012, 2012, the Plaintiff loaned KRW 30 million to the Defendant for a period of three months after the due date for payment; the Plaintiff loaned KRW 20 million to the Defendant on July 13, 2012, at the interest rate of KRW 20,000 after the due date and KRW 20,000,000,000 to the witness’s testimony; and the fact that the Plaintiff paid KRW 16,131,930 in total from September 26, 2012 to October 2012.

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