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(영문) 춘천지방법원강릉지원 2020.02.04 2019가단36192
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 12% per annum from October 14, 2019 to the date of full payment.

Reasons

1. According to the evidence No. 1 of the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at a rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 14, 2019 to the day of full payment, as follows: “The Defendant borrowed KRW 60 million from the Plaintiff, and the Defendant’s spouse C borrowed the Defendant’s obligation to guarantee the Defendant’s joint and several liability” (hereinafter “each of the instant statements”) on September 5, 2014. Thus, barring any special circumstance, the Defendant is obliged to pay to the Plaintiff delayed payment calculated at a rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 14, 2019 to the day of full payment.

2. The defendant's assertion is alleged to the effect that, from March 21, 2012 to November 12, 2013, the defendant merely borrowed KRW 23,424,428 from the plaintiff as profit and sales allowance after being invested by the plaintiff as an investment in a multi-level company from March 21, 2012 to November 12, 2013, and only borrowed KRW 60 million from the plaintiff. However, as long as the defendant prepared the letter of this case as seen earlier, the loan for consumption becomes effective against KRW 60 million out of the investment amount (Article 605 of the Civil Act). The defendant's allegation in this part is without merit.

Since the defendant made the plaintiff to make a written statement of this case by coercion of the defendant, the agreement under the written statement of this case shall be revoked.

However, there is no evidence to acknowledge each of the above arguments (the same shall apply to the case where the defendant enters the evidence Nos. 2 and 3 attached to his written reply). The defendant's respective arguments are without merit.

Finally, the defendant's defense that the due date has not yet arrived is examined, and according to the statement No. 1 of this case, the principal due date for each of this case is December 31, 2020.

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