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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 청주지방법원 2017.02.23 2016가단16467
대여금
Text

1. The defendant shall pay 60 million won to the plaintiff and 24% per annum from October 6, 2006 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. In full view of the arguments in Gap evidence No. 1, Eul evidence No. 2, and Eul evidence No. 1, and the purport of the whole pleadings, the court below prepared a loan certificate with interest rate of KRW 90 million on September 28, 2004, KRW 24% per annum, delay damages, and KRW 90 million until September 28, 2006, respectively, and on September 28, 2006, the court below prepared a provisional attachment order of KRW 24% per annum, delay damages, and KRW 90 million with interest rate of KRW 20% per annum, KRW 24% per annum, and KRW 90,00 from the plaintiff as of October 5, 2006, the court below prepared a provisional attachment order of KRW 30,000 for the purpose of preserving the claim against the plaintiff as of September 15, 2005, the defendant prepared a provisional attachment order of KRW 300,000,305.

B. According to the above facts of recognition, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remainder of the loan amount of KRW 60 million ( KRW 90 million - KRW 30 million) and the agreed damages for delay calculated at the rate of 24% per annum from October 6, 2006 to the date of full payment, as requested by the plaintiff.

2. Judgment on the defendant's assertion

A. As to the assertion, although the amount borrowed from the plaintiff is less than KRW 90 million, the defendant was paid at least KRW 100,000 from C when the plaintiff transferred the provisional seizure claim of this case to the defendant, so that the defendant's claims against the plaintiff shall be settled in all accounts, and it was demanded to prepare the notarial deed of this case formally for this purpose. Accordingly, the plaintiff is required to prepare the notarial deed of this case.

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