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(영문) 수원지방법원성남지원 2017.11.07 2016가단11966
대여금
Text

1. The Defendant’s 30,00 U.S. dollars and 5% per annum from February 4, 2016 to November 7, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. A. Around June 2, 2006, the Plaintiff, who was in the U.S., lent USD 100,000 to the Defendant (hereinafter “instant loan”) who was in the U.S. currency (hereinafter “U.S.”) (hereinafter “instant loan”), drafted a certificate of loan with the Defendant as follows (hereinafter “the instant loan certificate”).

The creditor of the instrument borrowed: A: The debtor will borrow and promise to perform the following provisions at a fixed rate of the sum of $100,000.

1. The repayment period of the principal shall be May 30, 2008 and shall be agreed to be satisfied at the address of the creditor;

2. The obligor would lose the benefit of time, and the obligee would make a reimbursement without objection even if claiming the balance of the principal and interest, and would accept without objection the legal procedure such as execution and seizure of mortgage.

On April 30, 2008, the Plaintiff agreed again with the Defendant and drawn up a certificate of extension of the borrowed amount (hereinafter “instant extension certificate”).

The creditor of the certificate of extension of loan: A debtor: the amount borrowed from US DALAR 39,320 shall be borrowed and extended and promised to perform the following provisions:

1. The maturity period of the above money, which is the balance after repayment, out of US DOLAR 100,000 borrowed on June 2, 2006, shall be extended from May 31, 2008 to May 30, 201, and shall be payable in installments without interest.

2. The obligor would lose the benefit of time, and the obligee would make a reimbursement without objection even if claiming the balance of the principal and interest, and would accept without objection the legal procedure such as execution and seizure of mortgage.

Of the instant loans, the Defendant repaid to the Plaintiff USD 30,000 on August 30, 2006, USD 10,000 on or around November 27, 2007, USD 8,000 on or around August 27, 2009, USD 4,000 on or around October 1, 2009, USD 7,000 on or around October 28, 2009, USD 6,000 on or around June 23, 2010, USD 5,000 on or around August 25, 2010.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, and Eul.

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