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(영문) 인천지방법원 2019.11.13 2018가단267855
대여금 등
Text

1. Defendant B’s KRW 37,00,000 as well as 5% per annum from March 31, 2016 to November 13, 2019, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Plaintiff’s female students D paid money to Defendant B by August 2014.

B. Defendant C, at the end of the statement, signed by “E” and signed by “E”, and prepared and delivered to the Plaintiff a cash storage certificate stating his resident registration number in the following part:

I swear that I have borrowed from the Plaintiff the amount equivalent to the amount of Won Wonn0 million won as of July 15, 2014.

The details of the borrowed money are expenses incurred in residing in the F Building G in Yeonsu-gu Incheon Metropolitan City, and the repayment date is from July 15, 2014 to February 15, 2016, and at the same time the F Building G contract expires.

On December 6, 2015, Defendant B prepared a letter of payment with the following contents and delivered it to the Plaintiff.

C. On March 30, 2016, 200 million won, among the deposit money for housing of the F building in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon., the payment of this million won is made in installments on January 25, 2016.

P.S: He/she agrees again during April 2016 to make payments for the remainder of the reimbursement.

Defendant B remitted to each Plaintiff KRW 5,00,000 (the remitter) on January 26, 2016, KRW 5,000,000 (the remitter), KRW 5,000,000 on May 23, 2016 (the deposit holder of a gold account), and KRW 3,000,000 on May 24, 2016 (the deposit holder of a gold account). The Plaintiff appropriated this to the principal of the said KRW 0 million.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 13-1-3, the purport of the whole pleadings

2. Determination

A. According to the determination as to the cause of claim 1, Defendant B’s annual interest from March 31, 2016 to November 13, 2019, which is the date following the final payment date, and from the following day to the date of complete payment, as requested by the Plaintiff, the remainder of KRW 37,00,000,000, excluding KRW 13,000,000, under the agreement to pay to the Plaintiff in the form of payment, barring special circumstances.

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