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(영문) 의정부지방법원남양주시법원 2016.07.07 2016가단22
청구이의
Text

1. The defendant's loans to the defendant's Seoul District Court 2015Kayang-si Court 2015Gau90367.

Reasons

1. Basic facts

A. On October 19, 2015, the Defendant filed a lawsuit against the Plaintiff, and issued a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”), stating that “The Plaintiff shall pay to the Defendant the amount of KRW 2,00,000 and the amount of KRW 15% per annum from February 26, 2014 to the date of delivery of a copy of the complaint of this case,” and that “The Plaintiff shall pay to the Defendant the amount of KRW 2,00,000 and the amount of KRW 15% per annum from the next day to the date of full payment” (hereinafter “decision on performance recommendation of this case”).

B. On December 16, 2015, the Plaintiff received the instant decision on performance recommendation and did not submit a written objection within two weeks, and the said decision on performance recommendation became final and conclusive on December 31, 2015.

(The plaintiff claims that the plaintiff temporarily stored an objection with an electronic lawsuit, and that the receipt became known).

2. The assertion and judgment

A. The plaintiff asserts that he borrowed KRW 2,00,000 from the defendant and repaid KRW 1,050,000 among them. 2) The defendant lent KRW 3,000,000 to the plaintiff, and among them, the defendant filed a lawsuit for the loan claim of this case with only KRW 1,00,000,000.

B. Determination 1) In full view of the purport of the entire pleadings in the statement of the loan certificate submitted by the Plaintiff, the Defendant’s loan of KRW 2,000,000 to the Plaintiff on February 25, 2014 can be acknowledged (According to the above loan certificate’s statement, KRW 1,00,000 out of KRW 3,00,000 issued by the Defendant to the Plaintiff is indicated as “Constitution”.

(2) In full view of the Plaintiff’s statement on the above loan certificate, the Plaintiff’s repayment of KRW 50,000 on April 1, 2015, KRW 300,000 on May 11, 2015, KRW 100,000 on July 21, 2015, KRW 100,000 on July 27, 2015, and KRW 10,000 on July 27, 2015, and KRW 50,000 on September 50, 2015, and KRW 1,050 on September 50, 2015, may be recognized.

3. Since the amount of the remaining debt is recognized to be appropriated by the defendant for the principal, the plaintiff shall pay to the defendant the amount of the remaining debt.

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