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(영문) 대구지방법원 2017.07.07 2016가단28641
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from September 9, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. On June 2005, the Plaintiff and the Defendant drafted a certificate of borrowing that the Plaintiff borrowed money to the Defendant from around June 2005, with respect to the Defendant’s remaining loan obligations as of November 10, 2007, the Plaintiff lent KRW 140 million to the Defendant.

B. The Plaintiff and the Defendant agreed on the interest of KRW 100 million, out of the above KRW 140 million, and the amount that the Defendant remitted to the Plaintiff from December 10, 2007 to December 12, 201, which was immediately following the preparation of the said loan certificate (including those transferred under the name of “C”, “D” and “E” as an employee of the Defendant, is the total amount of KRW 131,90,000.

[Reasons for Recognition] Unsatisfy, Gap evidence 3, Eul evidence 2, 3, 4 (part)

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff agreed with the Defendant to pay the interest of KRW 140 million in advance of the above KRW 100,000,000,000 and KRW 40,000,000,000 thereafter. Accordingly, on January 10, 2012, the payment of the above part was completed, and thus, the Plaintiff demanded the remainder of KRW 40,000,000,000. Accordingly, the Defendant asserted that the above KRW 40,000 is the same as the maximum debt amount of KRW 40,000,000,000,000,000,000,000, not as the separate principal, but as the interest of KRW 10,000,00,00,000,000,000,000,000,000,000,00,00.

Furthermore, the following facts are revealed in addition to the purport of the entire argument in the foregoing evidence, that is, the Plaintiff and the Defendant have long-standing relationship, and the above loan certificate does not explicitly state interest and the due date in the loan certificate, despite the agreement of interest, are written simply on the loan and the date of payment.

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