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(영문) 부산지방법원 2015.04.16 2014가합6285
대여금
Text

1. The defendant shall pay 120,000,000 won to the plaintiff and 20% per annum from April 8, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On December 21, 2011, the Defendant prepared a loan certificate stating that the Plaintiff shall pay 40,000,000 won interest shall be the fixed amount from the Plaintiff until March 31, 2012, and the damages for delay at the statutory interest rate shall be paid from the due date to June 30, 2012 (hereinafter “the loan certificate of this case”) to the Plaintiff, with the purport of borrowing KRW 120,000,000 from the due date to June 30, 2012 (hereinafter “the loan certificate of this case”).

B. After that day, the Plaintiff transferred KRW 119,00,000 to the Defendant’s private village C’s management account under the Defendant’s private village C’s management. On December 22, 201, the Plaintiff transferred KRW 1,000,000 from the Plaintiff’s husband E’s account to D’s account. As above, the Plaintiff entered KRW 1,00,000 as “D” in the person column received at the time of account transfer, and “F” is the Defendant’s name.

The above 120,000,000 won was used for C to lend money to G in the loan sale business.

C. Meanwhile, on the other hand, the Plaintiff: (a) KRW 20,000,000 on January 24, 201; and (b) February 25, 2011 and the same year to the Defendant.

8.3. Each 15,000,000 won was set and lent on December 31, 2012 as due date and 2% of interest per month. On December 29, 2012, each of the parties agreed to promise in advance three months prior to the due date under mutual agreement and agreed to lend interest of KRW 25,000,000 in total by 2% per month.

(hereinafter “the remainder of the loan”). C.

On February 13, 2012, the Defendant paid the Plaintiff KRW 75,000,000,000, totaling of KRW 25,000,000 on January 11, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. When the authenticity of the judgment on the cause of the claim is recognized, the court shall, in principle, recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable counter-proof to deny the contents of the statement. The court shall return to the instant case, health class, and the above.

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