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(영문) 춘천지방법원 2015.06.10 2014가합1171
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 211,00,000 as well as 20% per annum from October 29, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On January 31, 2004, the Plaintiff and the Defendant drafted a notarial deed stating that “When a notary public delays the payment of the above amount of a promissory note to the holder of the said bill, the issuer’s representative director C Co., Ltd. (hereinafter “C”), the issuer’s joint guarantor, the issuer’s guarantor, the Plaintiff shall be the Plaintiff; the issue date shall be January 30, 2004; the payment date shall be June 30, 2004; the promissory note shall be issued at KRW 200,000,000,000 which shall be June 30, 2004; it shall be accepted that there is no objection even if compulsory execution is being effected immediately.”

B. In addition, the Plaintiff and the Defendant, as of the same day as the foregoing paragraph (a), and as of the same office No. 71, No. 2004, the payment date of promissory notes was February 27, 2004, and No. 72, 2004, except for the amount of KRW 100 million, respectively, drafted a notarial deed of a bill with the same content as the foregoing paragraph (a) and a notarial deed of a bill with the same office as the same content as the foregoing (hereinafter referred to as “instant notarial deed”), with the exception of the amount of KRW 100 million.

C. Around May 2007, the Defendant paid KRW 200 million to the Plaintiff.

On August 1, 2007, the Plaintiff lent KRW 10,000,00 to the Defendant at the end of December 2007.

E. Around August 2007, the Plaintiff also lent KRW 1,000,000 to the Defendant.

F. After that, on February 12, 2009, the Defendant prepared a loan certificate with the loan amount of KRW 201,00,000 and the due date of repayment as of December 31, 2009 to the Plaintiff.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 4, and 5 (including the relevant branch numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s early payment of the amount that the Defendant is liable to pay to the Plaintiff in relation to C is KRW 400 million. Since the Defendant paid only KRW 200 million among them, the remainder of KRW 200 million remains. In addition, the Plaintiff loaned to the Defendant as of August 1, 2007 and KRW 10 million as of August 1, 2007 and August 2007.

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