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(영문) 서울중앙지방법원 2019.05.10 2018가단5146136
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 100,00,000 as well as KRW 89,566,792 from May 31, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On October 19, 2009, the Plaintiff lent 100,000,000 won to the Defendant (Before the opening of the name: C) for interest rate of 1% per month and on October 19, 2012, respectively (hereinafter “instant loan”). The Defendant agreed that the Defendant would lose the benefit due to delay and not raise an objection even if the interest was paid at one time.

B. On September 7, 2009, the Defendant purchased the fourth floor G of the F building in Seoul Special Metropolitan City from D and E (1/2 of each share) and completed the registration of ownership transfer in the name of the Defendant on October 27, 2009.

On January 13, 2010, the Defendant concluded on January 13, 2010, the registration of the establishment of a neighboring mortgage consisting of the debtor, the defendant, and the plaintiff as the plaintiff as a collateral for the instant loan.

C. From November 19, 2009 to December 19, 2012, the Defendant paid the Plaintiff the same money as the deposit details in the attached Form. D.

B. The registration of creation of a neighboring mortgage mentioned in the port was cancelled on March 9, 2015.

E. On March 19, 2015, the Plaintiff received KRW 47,498,890 as the repayment for the instant loan from H.

[Reasons for Recognition] A’s failure to dispute, the Defendant is presumed to have established the authenticity of the entire document by recognizing that the loan amount was written in Gap’s certificate No. 1 (the tea certificate), “one billion won” and “C” as a self-written entry.

Although the defendant asserts that the date of payment, interest, and date of preparation of the above loan certificate was a blank, it appears that the other person other than the defendant stated it in the document, and that the evidence submitted by the defendant alone is insufficient to recognize it, and there is no other evidence to acknowledge it;

the first, third, and fourth evidence of this Court, the result of the inquiry of the first association of this Court, and the purport of the entire pleadings.

2. Determination as to the cause of action

A. Article 479 of the Civil Act is applicable to the determination cost, interest, and principal payment for the performance of an obligation.

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