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(영문) 대구지방법원김천지원 2019.12.18 2019가단32916
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 497,535,561 and the amount of KRW 111,654,261 among them, from April 12, 2019 to the date of full payment.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire arguments in the statements in Gap evidence Nos. 1, 2, 3, 4, 5, and Gap evidence Nos. 6-1, 2, 7, 8, 9, and 10:

On October 9, 1996, the Plaintiff entered into a monetary loan agreement with the Defendant to lend KRW 100,000,000 as of October 9, 1998, setting the interest rate of 12.8% per annum, 15% per annum, 19% per annum, and repayment date.

(hereinafter referred to as “the first loan agreement of this case” and its claim is referred to as “the first loan claim of this case”). B.

In addition, on July 10, 1997, the Plaintiff entered into a loan transaction agreement with the Defendant to lend KRW 90,000,000 as of July 10, 1999, setting the interest rate of 12.8% per annum, 15% per annum, and the repayment date as of July 10, 199.

(hereinafter “The second loan contract of this case” and its claim is “the second loan claim of this case”). C.

On October 27, 2000, the Plaintiff applied for the payment order for the payment of principal, interest, etc. with respect to the claim for the first loan of this case as Daegu Local District Court Kim 2000 tea 1520. On October 27, 200, the Plaintiff issued a payment order with the purport that “the Defendant shall pay the Plaintiff KRW 133,923,380, and delay damages for KRW 100,000,000,” and the above payment order was served on the Defendant on November 1, 200, and became final and conclusive around that time.

On April 17, 2001, the Plaintiff applied for a payment order for principal, interest, etc. with respect to the claim for the second loan of this case as the Daegu District Court Kimcheon Branch 2001Da451, and on April 17, 2001, the Plaintiff was ordered to pay the Plaintiff KRW 79,162,979 and delay damages for KRW 41,338,436. The above payment order was served on the Defendant on April 19, 2001, and became final and conclusive around that time.

E. On April 4, 2001, the Plaintiff concluded a loan contract of this case with the total amount of KRW 79,162,979 and KRW 1,000 under the loan contract of this case until March 27, 201.

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