beta
Text
1. The defendant shall pay the following amount to the plaintiff:
(a) 1,370,000 won;
B. The above A.
11,150. 150.
Reasons
1. Determination as to the cause of claim
A. On August 20, 2010, the Plaintiff filed an application against the Defendant for provisional seizure of real estate with the Daejeon District Court 2010Kahap913 as the claim amounting to KRW 550 million. On August 27, 2010, the said court rendered a ruling of accepting the Plaintiff’s above provisional seizure application on August 27, 2010. (2) On August 20, 2010, the Plaintiff filed an application against the Defendant for a payment order against Daejeon District Court 2010Ka9783, which sought the return of the loan amounting to KRW 1.35 billion, and the said court issued the payment order on September 1, 2010.
The defendant raised an objection against the above payment order and the above case was implemented as a lawsuit for the loan claim of Daejeon District Court 2010Kahap10775.
3) As of March 9, 2011, the loan certificate stating that “the Defendant borrowed 1.15 million won from the Plaintiff at interest rate of 10 million won per annum (payment on March 31) and on March 31, 2012,” stating that “The Defendant borrowed from the Plaintiff as of March 31, 2012 (Evidence A 2-1 and 2-1, hereinafter “the first certificate”).
(1) The Plaintiff, on May 6, 201, prepared a loan certificate stating that “The Defendant borrowed KRW 20 million from the Plaintiff on May 6, 2011 to the interest rate of KRW 1%” (hereinafter referred to as “the second loan certificate”) in the debtor column of the first loan certificate, the Defendant’s name is written and the seal affixed on the name of the Defendant is the Defendant’s seal. On the other hand, the Plaintiff withdrawn the above lawsuit on March 10, 201.
5) On May 20, 2011, the Defendant: (a) the loan certificate stating that “the Defendant borrowed KRW 200 million from the Plaintiff on May 20, 201 as 1% of the interest per month; and (b) the due date for repayment on December 31, 2011” (Evidence A 2-3; hereinafter “third-party loan certificate”).
The Plaintiff prepared and delivered each loan certificate to the Plaintiff. The details of each loan certificate are as follows: (a) the date and time of setting up the sequence 1,150,000,000 on March 9, 201; (b) 10% per annum on March 31, 2012; (c) 10% per annum on May 6, 2011; (d) 30,000,000 on May 20, 201; and (e) 1,370,000 [the details of each loan certificate] [the grounds for recognition.]