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(영문) 부산지방법원 2017.01.26 2016가단342902
대여금
Text

1. The defendant,

A. The Plaintiff A’s KRW 48,311,090 as well as 5% per annum from May 31, 2016 to January 26, 2017.

Reasons

1. Determination as to Plaintiff A’s claim

(a) The facts subsequent to the facts of recognition may be found either in dispute between the Parties or in Gap evidence Nos. 1, 2, 4, and 5 (including paper numbers) by taking into account the overall purport of the pleadings:

(1) The Defendant (former Name: D) made up on October 30, 2012 the loan certificate stating that the Plaintiff will pay KRW 10 million to the Plaintiff until October 30, 2012, and that interest shall be paid at the rate of KRW 100,000 per month; (b) made up on July 30, 2012 that interest shall be paid at the rate of KRW 10,311,090 per month; (c) made up on March 30, 2012 the loan certificate stating that interest shall be paid at the rate of KRW 30,000 per month; and (c) made up on March 30, 2012 the loan certificate stating that interest shall be paid at the rate of KRW 30,000 per annum; and (d) made up on March 16, 2015 the loan certificate stating that interest shall be paid at the rate of KRW 300,000 per annum.

(B) On October 2013, Plaintiff A received reimbursement of KRW 13 million from the Defendant on or around 2013, with each of the above loan certificates, the statement of performance, and the statement of payment (hereinafter “each of the loan certificates and the letter of payment”).

B. (1) According to the above facts, the defendant's assertion and determination (A) as to the cause of the claim (A) and the remaining 48,311,090 won (=61,311,000 won (=10,000,000 won) calculated by subtracting the repayment amount of KRW 13,000,000 from the total amount of the loan certificates and the respective documentary obligations of this case to the plaintiff (=10,311,000,000 won) and the remainder of 48,311,090 won (=61,311,000 won - 13,000,000 won) as to the existence and scope of the defendant's obligation from May 31, 2016 to the date of full payment, which is determined by the Civil Act by January 26, 2017.

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