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(영문) 대구지방법원 2018.06.15 2016가단38853
대여금
Text

1. The Defendant’s KRW 22,526,790 and the Plaintiff’s annual rate of KRW 5% from November 29, 2016 to June 15, 2018.

Reasons

Facts of recognition

The Defendant borrowed money from the Plaintiff from November 26, 201 to December 30, 201, and prepared a certificate of borrowing with the following contents.

On November 26, 2010, the defendant, while borrowing KRW 5 million from the plaintiff, prepared a certificate of borrowing that KRW 5 million will be repaid by December 25, 201.

On June 2, 2011, the defendant prepared a certificate of borrowing 20 million won from the plaintiff as of June 2, 201 to the effect that it borrowed 20 million won as of June 15, 2012.

On December 30, 2011, the defendant drawn up a certificate of borrowing KRW 5 million from the plaintiff to the effect that 500,000 won will be repaid by December 2, 2013.

Since the Defendant borrowed the above loan and paid KRW 500,000 to the Plaintiff on December 23, 2010, the Defendant prepared a certificate of borrowing that the Plaintiff would pay KRW 25,000 to the Plaintiff through its account or account in the name of C, and around August 26, 2015, the Defendant paid KRW 50,000 to the Plaintiff for 83 months from September 26, 2015.

(1) The Plaintiff received the instant loan certificate from September 24, 2015 to October 1, 2016, and received KRW 500,000,000,000,000 as the principal and interest, in total, from September 24, 2015 to October 1, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, Gap evidence Nos. 2 and 3 (each loan certificate, the dispute between the parties, or the whole purport of the pleadings, can be acknowledged that the defendant signed and sealed each of the above loan certificates. Thus, the authenticity of the whole document is presumed to have been established. The defendant asserts that this document was prepared or altered by the plaintiff's coercion, but no evidence exists to acknowledge it), Eul evidence Nos. 1 and 2, and the purport of the whole oral argument, and the above fact of determination as to the purport of the whole oral argument, the plaintiff will be paid KRW 25 million for 83 months.

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