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(영문) 대구지방법원 서부지원 2017.01.11 2016가단53132
대여금
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 20, 2015 to January 11, 2017.

Reasons

1. Determination on this safety defense

A. The Defendant’s assertion that the loan the Plaintiff claimed as the instant lawsuit is included in the payment certificate of KRW 300,000,000 issued by the Defendant to the Plaintiff and the loan as indicated in the loan certificate issued by the Defendant on December 16, 2005. The Plaintiff filed the instant lawsuit against the Defendant for the payment of KRW 370,000,000,000 in total under the said payment certificate and loan certificate under the Daegu District Court Branch Decision 2015Kahap70788, and the Plaintiff filed the instant lawsuit separately concerning the instant loan. As such, the instant lawsuit is unlawful as a duplicate suit.

B. According to the purport of Gap evidence 1 to 5, evidence 7, evidence 10, evidence 11, Eul evidence 1 to 1 and 3 (including serial numbers; hereinafter the same shall apply) and the whole pleadings, the plaintiff shall deliver 1 to 300,000 won (Evidence 1; hereinafter the same shall apply) around October 5, 2005 with 00,000 won in total, 10,000 won in loan 20,000 won in loan 1 to 10,000 won in loan 20,000 won in loan 1 to 10,000,00 won in loan 20,00 won in total, 10,000 won in loan 20,00 won in loan 10,000 won in loan 20,000 won in loan 19,90,000 won in loan 20,000 won in loan 20,000 won in loan 20.

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