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(영문) 수원지방법원안산지원 2019.09.18 2019가단55135
대여금
Text

1. The Defendant’s KRW 120,000,000 for the Plaintiff and the following: 15% per annum from February 26, 2019 to May 31, 2019;

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 112,00,000 to the Defendant as follows.

1) Money transferred to an account without a loan certificate on April 7, 2016, with a loan certificate of KRW 7 million on October 5, 2016; KRW 7 million on October 5, 2016; KRW 5 million on September 5, 2016; and KRW 3 million on November 3, 2016; KRW 3 million on December 5, 2016; KRW 7 million on December 31, 2017; KRW 17 million on February 31, 2017; and KRW 7 million on February 17, 2017; and KRW 5 million on March 31, 2017;

B. On February 13, 2019, the Defendant prepared to the Plaintiff a certificate of loan worth KRW 120 million, including eight million loan in cash, even in addition to the above money.

[Reasons for Recognition] Unsatisfy, Gap 3 to 17 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 120,00,000 and damages for delay calculated at each rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 26, 2019 to May 31, 2019, and 12% per annum under the same Act from the next day to the date of full payment (the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings are amended on May 21, 2019 and applied to 12% per annum from June 1, 2019).

B. The Defendant is not only KRW 120 million but also KRW 112 million.

However, the loan certificate (Evidence A 17) states "the borrowed amount of KRW 120,00,000" and "the borrowed amount of KRW 15 million from April 7, 2016 to January 11, 2018 until the borrowed amount of KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00 won

The defendant.

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