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(영문) 수원지방법원평택지원 2020.06.03 2019가합11731
차용금
Text

1. The Defendant’s KRW 329,450,00 for the Plaintiff and KRW 5% per annum from June 1, 2018 to April 2, 2019.

Reasons

1. Facts of recognition;

A. On July 5, 2016, the Defendant prepared and delivered to the Plaintiff a loan certificate (Evidence 1-1) stating that “amount: 30,000,000 won, and date and time: Place on July 5, 2016: (a) D coffee shop and due date: By August 10, 2016; and (b) complete repayment by May 31, 2018.”

The plaintiff and the defendant agree as follows:

(Witness E: - D -

1. The amount that the Defendant is liable to pay to the Plaintiff is KRW 30,000,00.

2. The time of completion of repayment shall be May 31, 2018.

3. The Defendant remits the Plaintiff KRW 3,000,000 to August 10, 2016, and transfers KRW 550,000 per month from September 2016 to September 10.

(not later than the tenth day of each month)

4. The defendant set up a right to collateral security in the name of the person designated by the plaintiff against approximately approximately 724 square meters (Seoul-gu, Chungcheongnam-gu G) in the name of the defendant's child F.

5. The apartment house of which the Defendant is living (Y apartment I in Seo-gu, Seoan-gu, Seoan-gu) is to be owned by F, which is a major child of the Defendant, or sold within as soon as possible, and to reimburse the Plaintiff at least 20,000,000 won.

6. The land as provisional disposition by J shall be paid KRW 330,000,000 after rearrangement of approximately 870 square meters (after release from confinement in a tent).

Provided, That the amount repaid during the period shall be calculated.

7. If KRW 330,00,000 is repaid, the Plaintiff rescinds the establishment of the right to collateral security under the above paragraph (4).

8. E as a witness for the above content.

9. If the Defendant’s promise to the Plaintiff is not complied with, the Plaintiff may take any legal measures.

B. On the same day, the Defendant prepared and delivered the following notes and agreements (Evidence A-1-2) to the Plaintiff on the same day:

[Ground of recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 1-2, purport of whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Plaintiff loaned KRW 330,000,000 to the Defendant on July 5, 2016 as of May 31, 2018. The Plaintiff is the Defendant who paid KRW 550,000 out of the said money, and the Defendant is the Defendant.

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