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(영문) 대구지방법원 2019.09.20 2019가단107514
대여금
Text

1. The Defendant: (a) KRW 200,000,000, and 12% per annum from January 1, 2018 to March 15, 2019, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On November 27, 2009, the Plaintiff transferred KRW 95 million to C Co., Ltd. (hereinafter “C”).

B. On May 12, 2016, the Defendant prepared and ordered the Plaintiff with the following loan certificates (hereinafter “the instant loan certificate”).

- - He confirms that the amount of daily payment of KRW 30 million has been borrowed.

On November 27, 2009, December 30, 2017, the date of repayment, B, the debtor at the cost of the repayment.

C. On April 17, 2018, the Defendant prepared a letter of commitment to the Plaintiff to the effect that “the Defendant will apply the Plaintiff a total of KRW 200 million up to May 30, 2018 and KRW 1% of the principal amount every month from 2018” (hereinafter “instant letter of commitment”) with respect to the obligation arising from the said letter of commitment to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 2-2, Gap evidence 3 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. When the authenticity of a disposition document as to the Plaintiff’s claim is recognized, the court shall 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 evidence to deny the contents of the statement.

The Defendant prepared to the Plaintiff the instant loan certificate stating that the Plaintiff will pay KRW 200 million up to December 30, 2017, and the instant promise of repayment to the effect that KRW 200 million and interest thereon will be paid from 2018,000,000, and ③ the fact that the Defendant’s obligation to pay the instant loan certificate and the letter of promise of repayment is specified as the Defendant under the foregoing paragraph (1) is specified as the Defendant.

Therefore, the Defendant is based on the rate of 12% per annum as stipulated in the above letter of performance guarantee to the Plaintiff from January 1, 2018 to January 15, 2019, which was served on the Defendant by the instant complaint, pursuant to the instant letter of performance guarantee, and the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day until May 31, 2019.

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