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(영문) 의정부지방법원 2015.07.10 2014가합54578
대여금
Text

1. As to KRW 180,200,000 among the Plaintiff and KRW 170,000 among them, the Defendant shall start from August 25, 2013 to September 29, 2014.

Reasons

1. Facts of recognition;

A. From December 1, 201 to June 19, 2013, the Plaintiff lent money to the Defendant over 23 occasions from around December 1, 201 to June 19, 2013, and the Plaintiff did not repay the said money to the Defendant on August 1, 2013, the Plaintiff drafted a certificate of borrowing that the Defendant repaid KRW 170,000,000 to the Plaintiff by November 30, 2013, and the interest was paid to the Plaintiff at KRW 1,20,000 per month.

B. The Plaintiff agreed to pay interest with the Defendant on September 5, 2013, and additionally lent KRW 10,200,000,000 to the Defendant on September 5, 2013, KRW 3,000,000 on September 13, 2013, and KRW 1,50,000 on September 25, 2013, and KRW 5,200,000 on October 5, 2013 (= KRW 500,000).

C. On December 3, 2014, the District Court rendered a decision to dismiss the Defendant’s appeal on April 14, 2015 (the District Court Decision 2014No2993) that found the Defendant guilty of the Defendant’s fraud and habitually gambling charges and sentenced the Defendant to two years of imprisonment (the District Court Decision 2014No2653). While the Defendant appealed, the District Court rendered a decision to dismiss the Defendant’s appeal (the District Court Decision 2014No2993).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the above facts of determination, the Defendant: (a) with respect to the Plaintiff KRW 180,200,000 in total of the above borrowed amount ( KRW 170,000,000) and KRW 170,000,00 in total; (b) from August 25, 2013, which is the first interest payment date until September 29, 2014, which is the delivery date of the instant complaint; (c) interest or delay damages at the rate of KRW 10,200,00 in total from the next day to the day of full payment; and (d) interest or delay damages at the rate of KRW 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day after October 11, 2013 to the day of full payment; and (e) with respect to the service date of a copy of the application for changing the purport of the instant claim and the cause of the instant claim, the Civil Act shall be repaid within the period from December 5, 17, etc.

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