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1. As to the Plaintiff KRW 50,000,000 and its KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 50,000 from November 5, 2015, and KRW 10,000,00.
Reasons
1. On August 13, 2014, 20,000,000,000,000 or 19,800,000,000 of the actual remittance amount of a fake loan Nos. 10,500,000 on November 14, 2014, 10,000,500,000 on January 12, 2015; 9,500,000,000 on February 6, 2015; 9,500,000,004,750,000,005,005,000 on February 5, 200, 2000, 5,000,000,004,004,750,000,000,000 on February 13, 2015;
A. The Plaintiff, via C, lent a total of KRW 50 million to the Defendant via the following:
The interest rate on the borrowing date on November 10, 2014, 10,000,000 on the borrowing date of November 4, 2014, and 5% on January 12, 2015: 10,000,000 on January 12, 2015; 5% on January 12, 2016, March 12, 2015; 0% on February 6, 6, 200,000,00 on February 5, 2016 and June 5, 30, 300 on February 5, 2015; 13,000 on February 5, 200, May 13, 2015;
B. The Defendant prepared to the Plaintiff a loan certificate with the following content.
C. Defendant and C were indicted for committing an offense, such as deceiving the Plaintiff without any intent or ability to repay, by defrauding the Plaintiff KRW 48,300,00 through five times from the Plaintiff (the Changwon District Court Decision 2016Ma642, 746 (Consolidated) case; hereinafter “relevant criminal case”), and the Defendant was sentenced to ten months of imprisonment in the first instance trial.
[Evidence] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2 (including each number), the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, with respect to KRW 50,00,000,000 in total and KRW 10,000 among the borrowed money, the Defendant shall have the effect on November 5, 2015, and with respect to KRW 10,000,000 on the following day following the relevant cause of payment, with respect to KRW 5,000 from January 13, 206, which is the following day of the relevant cause of payment, and with respect to KRW 5,00,000 from February 7, 2016, which is the following day of the relevant cause of payment, for KRW 5,00,000 from February 14, 2016, with respect to KRW 10,000,000 on the following day of the relevant cause of payment, the pertinent amount of KRW 10,000 from February 26, 2016.