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(영문) 대구지방법원서부지원 2019.01.10 2017가단9026
대여금
Text

1. The Defendant’s KRW 10.6 million with respect to the Plaintiff and the Plaintiff’s annual rate of 5% from December 6, 2018 to January 10, 2019, and the following.

Reasons

1. Loans made on September 30, 2016;

A. On September 30, 2016, the Plaintiff lent KRW 19.4 million to the Defendant on September 30, 2016 as the due date for repayment.

B) The Defendant repaid the Plaintiff a total of KRW 3 million on November 30, 2016, KRW 5.8 million on January 5, 2017, and KRW 8.8 million on a total of KRW 5.8 million (based on recognition). According to the facts of recognition as above, according to the facts of recognition as stated in subparagraph 2, the Defendant is obligated to pay the Plaintiff a total of KRW 10.6 million (= KRW 19.4 million - KRW 8.8 million) and damages for delay.

B. The Defendant asserts that “The Plaintiff paid in cash the Plaintiff KRW 20 million each month from the end of January 2017 to October 2017.” However, the witness’s testimony alone is difficult to acknowledge the above assertion, and there is no other evidence to acknowledge it, the above assertion is without merit. 2) The Defendant asserts that “the amount of KRW 2 million on January 10, 2017, KRW 200 million on January 22, 2017, KRW 100,000 on July 13, 2017, KRW 100,000 on October 26, 2017, and KRW 100,000 on October 26, 2017.”

According to the evidence No. 4, the defendant and C are recognized to have remitted money to the plaintiff's financial account as above, but it does not seem that such money is the repayment of 19.4 million won. Thus, the defendant's above assertion is rejected.

2. A loan certificate issued on January 10, 2017

A. On January 4, 2017, the Defendant: (a) written statement of payment written to D stating that “A creditor D, debtor B, borrowed amount of KRW 24.5 million and due date for repayment on January 10, 2017” (Evidence A7; hereinafter “instant payment note”).

(2) On January 10, 2017, the Defendant prepared and executed a loan certificate (Evidence A 1; hereinafter “the instant loan certificate”) stating that “A creditor, debtor B, the borrowed principal is KRW 23 million, the due date for repayment, and April 10, 2017,” to the Plaintiff, and D signed the instant loan certificate as a joint and several surety.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 7

(b) argument; and

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