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(영문) 창원지방법원 2014.07.15 2013가단28653
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 20% per annum from October 18, 2013 to the day of full payment.

Reasons

1. Basic facts

A. On January 9, 2013, the Plaintiff transferred KRW 40,000 to the Defendant.

B. On January 9, 2013, the Defendant’s husband C, on behalf of the Defendant, entered the Defendant’s name and affixed the Defendant’s seal on the loan certificate stating that “The above amount is KRW 40,000,000 in daily loan and the maturity date is May 31, 2013, the interest is fixed at interest free, and the loan certificate is prepared and issued.” (hereinafter “the loan certificate of this case”).

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, witness C's partial testimony, the purport of the whole pleadings

2. Determination

A. (1) The plaintiff asserts that 40,000,000 won remitted to the defendant is a loan.

(B) While the Defendant was operating a bath at the window E of Changwon-si, the Defendant ordered the construction period of the F bath to D for six months from May 2012. During the construction period, the Plaintiff: (a) ordered the Plaintiff’s husband and wife to leave the construction site at the Plaintiff’s house; (b) D and the Defendant drafted a construction contract for the construction of the F bath on July 6, 2012 with the completion date of the completion date of the construction project on November 30, 2012. D were unable to complete the construction of the F bath Construction until the completion date of the construction project. The Plaintiff was scheduled to 40,000,000 won for living expenses on the basis of the fact that the F bath Construction was delayed and the delayed payment rate was not specified; and (c) transferred KRW 40,000,000 from the Plaintiff’s loan to 400,000,0000,000 won for personal loan, the Plaintiff’s loan was not necessary.

(2) The court shall enter the disposal document in its entirety as long as it is deemed to have been authentic.

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