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(영문) 부산지방법원 2017.04.27 2016가단17480
차용금
Text

1. The Defendant shall pay 80 million won to the Plaintiff at the rate of 15% per annum from August 26, 2016 to the day of full payment.

Reasons

1. The facts based on which the Defendant, on December 5, 2014, prepared a loan certificate (hereinafter “the loan certificate of this case”) containing the following contents to the Plaintiff, who had a friendship on December 5, 2014, with no dispute between the parties, or with the amount of KRW 8,00,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000

On December 5, 2014, the borrower may be recognized by comprehensively taking into account the purport of the entire pleadings.

2. The assertion and judgment

A. On April 1, 2013, the Plaintiff leased KRW 80,000,000,000 to the Defendant via a deposit account in the name of D, the Defendant’s wife, and KRW 3,000,000,000,000 to the Defendant on December 16, 2013, and received the instant loan certificate from the Defendant on December 5, 2014.

Therefore, the defendant is obliged to pay 80 million won and damages for delay to the plaintiff.

(2) Around 2013, the Plaintiff paid KRW 50,000 to F Co., Ltd. (hereinafter “F”) working for the Defendant as the Defendant’s relative, and leased KRW 30,000 to F separately.

After that, as F made it difficult for F to collect the money for lease on a deposit basis and the loan, the Plaintiff demanded the Defendant to prepare a loan certificate. Accordingly, the Defendant decided to repay the money to the Plaintiff within the scope of the payment of the money for lease on a deposit basis and the loan claim against F on the condition that the said money for lease on a deposit basis and the loan claim against F are transferred by the Plaintiff, and prepared the loan certificate in this case.

However, the plaintiff claims for the above security deposit and loan against F.

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