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(영문) 인천지방법원 부천지원 2018.05.31 2017가단16299
대여금
Text

1. The Defendant’s KRW 83,603,510 for the Plaintiff and KRW 5% per annum from November 28, 2008 to May 31, 2018.

Reasons

1. The plaintiff's assertion that the plaintiff set KRW 105,00,000 to the defendant as of November 28, 2008 and set up a promissory note notarial deed stating the purport of consenting to compulsory execution while lending the amount of KRW 105,00 to the defendant as of November 28, 2008. Since the defendant was paid KRW 21,296,490 through compulsory execution based on the above notarial deed, he asserts that the defendant is liable to pay KRW 83,703

2. In full view of the judgment and conclusion conclusion, Gap evidence No. 1, the fact that a notary public prepared a notarial deed of promissory note amounting to KRW 105,00,000 at a face value as of November 27, 2008, No. 00326, Nov. 27, 2008, taking into account the overall purport of the pleadings.

However, according to the above evidence, the plaintiff can be found to have received reimbursement of KRW 21,39,490, not KRW 21,603,510 ( KRW 105,000,000-21,396,490) due to compulsory execution based on the above notarial deed. Thus, the defendant is obligated to pay to the plaintiff 83,603,510 won ( KRW 105,000-21,396,490) and damages for delay calculated at the rate of 5% per annum from November 28, 2008 to May 31, 2018, which is the date of this decision, and from the next day to the date of full payment.

Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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