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(영문) 수원지방법원 성남지원 2018.06.14 2017가단227324
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff KRW 170,00,000 and the interest rate of KRW 15% per annum from October 31, 2017 to the date of full payment.

Reasons

1. If the purport of the entire pleadings is added to the statement in Gap evidence No. 1, the defendant issued a promissory note in which the plaintiff, the addressee, the date of payment on June 20, 2013, and the place of payment are Sungnam City (hereinafter "the Promissory note in this case") with the amount of May 20, 2013 as stated in the evidence No. 1, and if the defendant delays the payment of the said promissory note on the same day as the plaintiff, the defendant entrusted the preparation of a notarial deed to the effect that he/she does not raise any objection even if he/she is subject to compulsory execution, and then, it can be acknowledged that the notarial deed was made out by the notarial deed No. 393, 2013 by a notary public on the same day as the plaintiff.

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from October 31, 2017 to the date following the delivery of a copy of the complaint of this case, as the Plaintiff seeks.

The defendant defenses that he/she borrowed money from the plaintiff as stated in the sentencing reasons of the 2016Kadan103, 1196 (Joint) case of Suwon District Court's Sung-nam Branch on October 6, 2016 with respect to himself/herself, but the defendant did not submit any evidence as to the fact that the amount the defendant claimed to have repaid to the plaintiff is for the repayment of the principal of the obligation of the Promissory Notes. Thus, the defendant's defense cannot be accepted.

(3) If the plaintiff's claim of this case is reasonable, the plaintiff's claim of this case is accepted, and it is so decided as per Disposition by the assent of all participating Justices.

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