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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 전주지방법원 2018.04.11 2017가단22256
대여금
Text

1. As to the Plaintiff’s KRW 40,000,000 and KRW 20,000 among them, the Defendant shall pay to the Plaintiff KRW 20,000,000 from November 1, 202.

Reasons

1. Facts of recognition;

A. The defendant (the name before the opening of the name is hereinafter referred to as "C") determined ① daily payment of KRW 20 million, creditor, debtor, defendant, joint and several surety, D on October 1, 2002, repayment date, and interest on December 30, 2002, and 1.5% on the date of repayment, and deposited into the plaintiff's Eassociation account as of December 30, 2002, and at the end of each month, the defendant shall lose the interest due, and at the time of delinquency, the defendant shall lose the interest due, and at the time of delinquency, the interest rate of KRW 20 million is 2.5% per month, the creditor, debtor, defendant, joint and several surety, and the repayment date is 30,00,000 won, and the interest rate shall be 1.5% per month, and at the end of each month, the plaintiff's Eassociation account shall be deposited into the Plaintiff's Eassociation account, and even if the payment of interest is made once per month, the defendant shall lose the interest due interest rate per month.

(hereinafter referred to as “each of the instant loan certificates”) B.

On July 31, 2017, the Defendant, upon receipt of the Plaintiff’s demand for payment, borrowed KRW 20 million on October 1, 2002, and KRW 20 million on December 30, 2002. The Defendant, upon receipt of the Plaintiff’s demand for payment, did not make reimbursement due to any such circumstances, but would make reimbursement by December 30, 2017 (hereinafter “instant letter of demand”) and issued it to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual number) and the purport of the whole pleadings

2. Determination:

A. The court shall recognize the existence and content of the declaration of intent as stated in the statement, unless there is any clear and acceptable counter-proof to deny the contents of the statement, so long as the judgment on the cause of the claim is recognized as the authenticity of the statement.

(See Supreme Court Decision 93Da5456 delivered on October 11, 1994, etc.). The Health Center returned to the instant case and the Defendant prepared and delivered each of the instant loan certificates to the Plaintiff is identical to the facts found in the instant recognition. Therefore, barring any special circumstance, the Defendant is a loan asserted by the Plaintiff to the Plaintiff.

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