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(영문) 춘천지방법원강릉지원 2016.12.06 2016나452
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On July 19, 2007, the Plaintiff received a delivery of promissory notes with a maturity of KRW 10 million from the Defendant on July 19, 2007, with interest rate of KRW 3%, and the maturity of payment on July 19, 2010 (hereinafter “loan 1”). On the same day, the Plaintiff received a delivery of promissory notes with a maturity of KRW 10 million from the Defendant on the same day.

On the same day, No. 528 of 2007, No. 528 of the deed of notary office D office was made.

B. On July 29, 2008, the Plaintiff additionally lent KRW 20 million to the Defendant on July 29, 2008, with the due date set as July 29, 201.

(hereinafter “Loan”) Da. (hereinafter “Loan”) on July 29, 2008.

When the Defendant borrowed money as above B and settled the Defendant’s debt owed to the Plaintiff between the Plaintiff and the party, the Defendant issued and delivered promissory notes with the Plaintiff at face value of KRW 50 million, the place of issue, the place of payment, each place of payment, and the due date (hereinafter “instant promissory notes”) with respect to the Plaintiff’s credit settlement (hereinafter “second loan”). The second loan includes the principal and interest on the first loan and the loans as of July 29, 2008.

In addition, No. 426 of the certificate of D office of notary public on the same day, No. 426 of 2008, No. 4208.

On July 7, 2009, the Defendant paid to the Plaintiff KRW 20 million out of the loan debts with the cement cement machine and branch roof house 25.91 square meters located in Gangseo-si, the Defendant owned by the Defendant.

(F) The Plaintiff paid KRW 100,000,000 to the Plaintiff on March 22, 2010, with the grounds for registration as “trade on July 6, 2009,” and paid KRW 500,000 to the Plaintiff on April 19, 201.

E. On October 6, 2014, the Plaintiff sent to the Defendant a content-certified mail stating that “the principal and interest of the loan as of July 29, 2008” was repaid, and the said mail reached the Defendant around that time.

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