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(영문) 인천지방법원 2017.11.10 2017가단225533
양수금
Text

1.For the plaintiff: (a)

DefendantB shall pay KRW 3,00,000 and KRW 25% per annum from July 8, 2016 to the full payment day.

Reasons

1. Claim against Defendant B, C, D, and E

(a)for the reasons for the attachment to the indication of the claim;

(b) Defendant B, D, and E: Judgment by deeming a confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act) as applicable provisions of Acts (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)

2. Claim against Defendant F;

A. According to the statement in Gap evidence No. 5, it is recognized that the loan certificates between the plaintiff and the defendant on July 6, 2016, consisting of the plaintiff, the debtor F, the loan amount of KRW 10 million, about 2% per annum (two million per annum) and about February 2017.

B. As to this, the Defendant asserts to the effect that the interest portion was not indicated at the time of drawing up the loan certificate.

However, it is an example that part of the document is signed and sealed and delivered in a state of complete completion. As such, there is a blank blank part at the time of delivery of the document and it is supplemented later, the preparing person must prove that there is a blank part at the time of delivery of

(Supreme Court Decision 201Da100923 Decided August 22, 2013). However, there is no evidence to prove that the interest rate portion was the blank at the time of drawing up the loan certificate.

Therefore, this part of the defendant's assertion cannot be accepted.

C. Therefore, in light of the following: (a) Defendant F indicated the Plaintiff on the loan amount of KRW 10 million and the rate of KRW 20% per annum from July 6, 2016 to the date of full payment (the loan certificate written between the Defendant and KRW 2% per annum; (b) however, the phrase “two million per annum” is stated in the loan certificate written between the Defendant; and (c) the Defendant has asserted that he had previously paid interest of KRW 60 per annum; (d) it is reasonable to deem that the interest on the loan amount is KRW 20 million per annum. Therefore, it is apparent that the interest rate of KRW 20 million per annum is calculated as KRW 10,000 per annum.).

3. Thus, the plaintiff's claim against the defendants is all satisfied.

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