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Reasons
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(영문) 수원지방법원 2019.07.17 2018가단553133
대여금
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1. The Defendant’s KRW 36,700,000 as well as the Plaintiff’s annual rate of KRW 6% from September 1, 2013 to July 17, 2019.

Reasons

1. Facts of recognition;

A. A. Around January 2003, the Plaintiff lent KRW 40 million to C, and C lent KRW 40 million to the Defendant and D.

On January 16, 2003, the defendant and D issued to C a promissory note with the face value of 40 million won and the due date of July 16, 2003 and made a notarial deed of a bill.

B. When the Defendant was unable to fully repay the above borrowed money to C, and C was unable to repay the borrowed money to the Plaintiff, the Plaintiff, C, and the Defendant agreed on August 2004 that the Defendant borrowed KRW 40 million from the Plaintiff on January 30, 2003, while the Defendant borrowed KRW 40 million from the Plaintiff on January 30, 2003.

(A) Evidence Nos. 1 and 2, the Defendant, in several times, made up a document recognizing that the Defendant borrowed KRW 40 million from the Plaintiff. Accordingly, the Defendant paid KRW 20,000 to the Plaintiff KRW 34,300,000 on August 5, 2004 through September 6, 2012, as indicated in the relevant sheet in the attached sheet, on three occasions, as indicated in the attached sheet.

(Total 9.5 million won, this money seems to be interest).

On September 25, 2012, the defendant prepared a letter (Evidence 5) stating that the defendant shall pay 10 million won to the plaintiff by September 25, 2012, and if it is not possible to pay it, 44 million won shall be notarized.

However, the Defendant failed to comply with the promise to pay KRW 10 million by September 25, 2012, and thereafter, from September 26, 2012 to August 5, 2013, the Defendant paid KRW 1 million per month, or KRW 2 million per month as indicated in the relevant day in the attached Table (see, e.g., the corresponding parts), and KRW 5 million, and KRW 3 million in total, and paid KRW 7 million.

50,000 won on September 26, 2012: 50,000 won on November 1, 2012, 2012; KRW 500,000 on November 1, 2012; KRW 500,500 on November 30, 2012; KRW 500,000 on December 20, 2012; KRW 50,000 on January 19, 2013; KRW 50,000 on January 31, 2013; KRW 50,000 on January 31, 2013; KRW 30,00 on March 20, 2013; KRW 50,00 on May 30, 2013; KRW 630,50 on May 30, 2013; and KRW 630,5,630, Jul. 30, 2013

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