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(영문) 의정부지방법원 고양지원 2021.01.13 2020가단77516
대여금
Text

The defendant is 5% per annum from January 1, 2020 to May 28, 2020 to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a director of Nonparty C Co., Ltd. who supplies equipment, pipes, etc. of the Kenya.

B. On March 21, 2019, the Plaintiff paid KRW 10 million to the Defendant, KRW 17 million to the Defendant on June 10, 2019, KRW 50 million to the Defendant on August 12, 2019, and KRW 13 million to the Defendant on September 10, 2019.

(c)

On July 15, 2019, the Defendant prepared a certificate of loan to the effect that the Plaintiff borrowed KRW 27 million with interest rate of KRW 9% per annum and due date on December 30, 2019 (hereinafter “certificate of loan 1”) and issued it to the Plaintiff.

(d)

On August 12, 2019, the Defendant prepared a loan certificate to the effect that the Plaintiff borrowed KRW 50 million with interest rate of KRW 10% per annum and due date on December 30, 2019 (hereinafter “the second loan certificate”) and issued it to the Plaintiff.

E. On September 10, 2019, the Defendant: (a) on September 10, 2019, “I am the director.”

C. It is not 200 million won even if it is raised.

The Plaintiff sent the Kakao Stockholm message to the Defendant, and the Plaintiff died of the President.

No money may be provided any longer.

It shall be limited to KRW 13 million.

The end of the review is no longer possible.

It is essential to transfer to the Kakao Account.

“I sent the Kakao Stockholm message,” and the Defendant “I” to the Plaintiff.

“The Kakao Stockholm message sent.”

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) Although the defendant borrowed KRW 90 million from the plaintiff as above, it did not change this up to now.

Therefore, the defendant is obligated to pay to the plaintiff KRW 90 million and interest or delayed damages.

2) Although the Defendant’s assertion received KRW 90 million from the Plaintiff as above, the Defendant borrowed KRW 530 million to the Plaintiff, which is part of the Defendant’s assertion.

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