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(영문) 의정부지방법원 2017.02.03 2016가합1837
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 1,339,00,000 as well as 15% per annum from July 14, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 10, 2011, the Defendant issued a promissory note of KRW 1.668 billion at par value and issued to a notary public a notarized deed No. 636 of the Cjoint Law Office No. 636 of 2011 to the Plaintiff.

B. On November 28, 2011, the Defendant issued a promissory note of KRW 61 million at par value, and a notary public prepared and delivered a notarial deed No. 738 of the 2011 joint law office to the Plaintiff.

C. On April 10, 2012, the Defendant issued one promissory note of KRW 52 million at par value, and a notary public prepared and delivered to the Plaintiff a notarial deed No. 80 of the 2012 joint law office.

On September 26, 2012, the defendant issued a promissory note of KRW 48 million at par value, and a notary public prepared and delivered to the plaintiff a notarial deed No. 425 of the 2012 joint law office.

E. The Plaintiff respectively lent KRW 2 million to the Defendant around June 23, 2013, KRW 2 million around July 25, 2013, KRW 6 million around August 23, 2013, and KRW 6 million around August 23, 2013.

F. The Plaintiff filed a lawsuit against the Defendant (i.e., KRW 1.68 billion on October 10, 201, KRW 61 billion on April 28, 201, KRW 52 million on April 10, 2012, KRW 48 million on September 26, 2012, KRW 200,000 from June 23, 2013 to August 23, 2013, seeking payment of KRW 50 million on a partial claim, and (ii) was rendered a favorable judgment on May 12, 2016, and became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, purport of the whole pleadings

2. Determination:

A. According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remaining KRW 1.39 billion, excluding the amount of KRW 500,000,000,000 for total amount of claims of KRW 1.839,000,000,000, and damages for delay.

B. The defendant's assertion and judgment contain that the amount actually received from the plaintiff is KRW 720 million and that the amount on the notarial deed prepared several times is calculated with welfare.

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