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(영문) 대구지방법원김천지원 2017.07.19 2016가단33765
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 88,00,000 and the interest rate of KRW 15% per annum from November 5, 2016 to the date of full payment.

Reasons

. Facts of recognition.

A. Defendant B lived with Plaintiff D from early 2015 to August 2016.

B. On August 27, 2016, Defendant B entered into an agreement with the Plaintiff with the following content (hereinafter “instant agreement”).

* It confirms that total debts (E) KRW 20 million, agricultural cooperatives KRW 50,000,000,000,000 won, KRW 38,000,000,000,000.

(1) The FF down payment shall be paid immediately after selling the down payment (16 million won and the down payment (18 million won) of G commercial buildings.

2. Before the sale and purchase of the above real estate, upon the execution of loans, E (bonds) 20 million won and 38 million won shall be repaid according to loans.

(3) The amount of KRW 50 million shall be paid without delay until full payment is made.

(4) If there is time for funds outside the above plan, repayment shall be made immediately.

(5) Liabilities may be adjusted among themselves depending on whether H real estate is acquired or not.

(Consultation) confirm that the above provision is not a commitment but a commitment is fulfilled in entirety.

C. On September 7, 2016, Defendant B repaid to the Plaintiff KRW 20 million out of the instant agreed amount.

[Reasons for Recognition] Evidence No. 3, Evidence No. 2, and the purport of the whole pleadings

2. As to the claim against the defendant B

A. As to the cause of the claim, the above recognition and the agreement of this case that "if a loan is made immediately for sale, if a loan is made, the time when the loan will accrue" are entirely attributable to the intent of the above defendant, and it is uncertain whether the maturity comes, and therefore, it cannot be deemed as setting the deadline for the payment of the agreed amount (see Supreme Court Decision 73Da631, May 14, 1974), it is reasonable to deem that the agreed amount obligation of this case is a debt with no fixed deadline, and therefore, Defendant B shall be deemed to be a debt with no fixed deadline (=180,000,000 won) and a copy of the complaint of this case.

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