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(영문) 인천지방법원부천지원 2015.02.05 2014가합6779
대여금
Text

1. The Defendant’s KRW 481,00,000 as well as 5% per annum from September 16, 2014 to February 5, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On April 16, 2010, the Defendant’s representative C issued to the Plaintiff’s wife D a notarized deed of promissory note No. 219, No. 2010, 2010, which became Incheon Metropolitan City as the place of issuance, payment, and payment, respectively, on August 16, 2010.

On May 25, 2010, C issued to the Plaintiff a notarial deed of Promissory Notes No. 293, No. 2010, a 2010,000 won at par value, the date of payment, July 30, 2010, and each Incheon Metropolitan City at the place of issue, the place of payment, and the place of payment.

B. On August 17, 2010, the Defendant issued to the Plaintiff a certificate of loan worth KRW 750,000,000,000, stated as the obligor’s “Defendant” with respect to each of the above notarial deeds obligations.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant prepared and delivered the above loan certificate to bear the obligation related to each of the above promissory notes, and thus, the defendant is obligated to pay to the plaintiff the loan amount of KRW 80 million,000,000,000,000, which is calculated by subtracting the title of execution already acquired by the plaintiff, from the loan amount of KRW 750,000,000,000,000, - KRW 850,000,000 - KRW 110,000,000,000 - KRW 110,000,000) and damages for delay.

B. As to the Defendant’s defense of the first instance payment, the Defendant first set up a defense that the Plaintiff paid a total of KRW 39 million from August 17, 2010 to January 6, 201, as follows: (a) from August 17, 2010 to January 6, 201.

The fact that each amount entered in the Plaintiff’s account in the Plaintiff’s name was transferred as “C”, as the Defendant alleged on May 7, 201, 201, by taking account of the 39,000,000 won repayment date as of May 7, 2010, KRW 6,000,000 on August 17, 201, 201, KRW 40,000 on January 10, 201, KRW 500 on January 6, 2011, KRW 39,000,000, KRW 39,000,000 on January 6, 2011.

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