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(영문) 수원지방법원여주지원 2019.07.10 2018가단5739
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 48,00,000 and the interest rate thereon from September 1, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 25, 2010, the Plaintiff leased KRW 70,000,00 to Defendant B on July 25, 201 (hereinafter “instant loan or loan”) with the due date fixed on July 25, 201, and Defendant C jointly and severally guaranteed the instant loan obligation.

The Plaintiff and the Defendants have newly drawn up a loan certificate concerning the instant loan by changing the principal, interest, date of repayment, etc. according to the Defendants’ repayment of some of the instant loan obligations.

B. The Plaintiff and the Defendants indicated that the loan certificate concerning the instant loan (hereinafter “the instant loan certificate”) drafted on October 17, 2014 by stating that the Defendants borrowed KRW 48,000,000 from the Plaintiff as the interest rate of KRW 1,00,000 per month, and the due date of repayment as of April 25, 2015.

After the issuance of the instant loan certificate, no new loan certificate is available between the Plaintiff and the Defendants.

C. After the preparation of the loan certificate of this case, the Defendants paid the Plaintiff KRW 34,450,000 in total as indicated in the attached Form No. 34,450,000 as the repayment of the loan of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including paper numbers), the purport of the whole pleadings

2. The fact that the loan certificate of this case, which is the judgment document, was duly formed does not conflict between the parties (the Defendant prepared a written reply to the purport that the authenticity of the loan certificate of this case was asserted, but the Defendant recognized the authenticity as at the first legal date for pleading of this case). In accordance with the language and text of the loan certificate of this case, it is reasonable to view the Defendants’ obligations of the loan loan of this case against the Plaintiff as at October 17, 2014 as the principal amount of KRW 48,00,000, interest rate of KRW 1,000,000 (annual 25%) and the due date of repayment of April 25, 2015.

The defendants argued that the amount of the loan of this case actually does not exceed 48,00,000 won due to the mistake or omission, but the evidence No. 1 of this case alone is insufficient to reverse the above recognition, and there is no other counter-proof.

The Defendants are the Defendants.

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