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(영문) 춘천지방법원 2017.06.21 2016가단7978
대여금
Text

1. The defendant shall pay 132,00,000 won to the plaintiff and 25% per annum from October 1, 201 to the day of complete payment.

Reasons

1. Basic facts

A. On September 18, 201, the Defendant drafted to the Plaintiff a letter with the following content (hereinafter “instant letter”).

C. The interest of Section B (Defendant) as the guarantor at the time C is unable to repay the total of KRW 40 million borrowed on January 8, 2008 by the Plaintiff on March 8, 2008 and KRW 80,000,000 from March 8, 2008, by December 31, 2011: 20% per month.

B. On September 18, 2011, the Defendant drafted a cash custody certificate (hereinafter “the cash custody certificate of September 18, 201”) with the following content to the Plaintiff.

interest on the date of return (payment) by 20% per month that the said amount has been regularly kept: 30% on December 30, 201.

In addition, on September 20, 201, the Defendant drafted a cash custody certificate (hereinafter “the cash custody certificate of September 20, 201”) with the following content to the Plaintiff.

The interest on the date of return on December 31, 201 that the above amount as stated above is regularly kept: 20% per month: Attachment to the return on December 31, 2011: 16 million won per month: there is no dispute about the fact that there is no dispute, Gap evidence 1 through 4 (the defendant asserts that the evidence A was forged, but there is no evidence to acknowledge it as seen thereafter). The whole purport of each of the statements and arguments as stated in Gap evidence 1 through 3, and the whole purport of the pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion is that the Defendant received money from the Plaintiff as a business investment on or around September 18, 201, and prepared a letter and cash custody certificate as above, and thus, the Defendant is obligated to pay the Plaintiff the sum of the above agreed money and the borrowed money, and the delay damages therefrom.

B. The Defendant’s assertion 1 of this case and each of the cash custody certificates are required for confirmation of facts and are not required for confirmation of facts, and delivered to the Plaintiff with signature and seal on blank, and the amount and contents of the Plaintiff’s arbitrary discretion.

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