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(영문) 전주지방법원 2017.09.06 2016가단22655
대여금
Text

1. The defendant shall pay to the plaintiff KRW 380,126,655 and KRW 100,000 among them, from June 1, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 15, 2002, the Plaintiff borrowed a total of KRW 100,000,000 from the Defendant on March 15, 2002 and KRW 100,000,000 per annum (payment on April 15, 2002) at 24% per annum (payment on April 15, 2003; May 15, 2003; June 15, 2003; June 15, 2003; and July 15, 2003, each of KRW 25,00,000,000 shall be paid in installments to the Defendant on July 15, 200; and after being issued and delivered a loan certificate (Evidence 1) with the interest rate of KRW 15,00,00,000 per annum on March 15, 202; and thereafter, the Plaintiff shall set the interest rate of KRW 15,200,515.

(2) On September 3, 2009, the Defendant decided on September 3, 2009 to pay to the Plaintiff the interest and delay damages on the instant loan No. 1 with the amount of KRW 60 million (hereinafter “instant real estate”), which is owned by D and paid in kind as the amount of KRW 1,355m2 (hereinafter “instant real estate”), and completed the registration of ownership transfer in the name of the Plaintiff on the same day.

(1) The Defendant asserted that the Plaintiff recovered four copies of the per share of KRW 25 million from the Plaintiff after the Defendant fully repaid the instant loan No. 1 with payment in lieu of real estate in lieu of real estate. However, it is not sufficient to acknowledge that the original Defendant received the entire repayment of the instant loan No. 1 due to the payment in lieu of real estate in lieu of real estate, and there is no other evidence to prove otherwise).

(1) The Plaintiff’s loans and repayment 1) KRW 35,30,000,000 to the Defendant on April 13, 2002, KRW 20,480,000 on April 18, 2002, KRW 35,30,000 on April 30, 2002, and KRW 35,530,000 on April 31, 2002, shall be the Defendant’s loan 2.

After the date of issuance from the Defendant on September 28, 2000, and on July 31, 2002, a promissory note (Evidence A No. 2-1) with a face value of KRW 35,300,000,000,000,000 issued from the Defendant around April 30, 2002 (the Defendant was provided with swine feed from the Plaintiff while operating the farming association around 2002). A promissory note is made to the Plaintiff for the payment of the price of the goods.

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