(영문) 광주지방법원순천지원 2016.01.28 2015가합534

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(영문) 광주지방법원순천지원 2016.01.28 2015가합534

대여금

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1. The Defendant’s KRW 35,00,000 and the Plaintiff’s 12% per annum from January 1, 2010 to January 28, 2016 and the following.

Reasons

1. Basic facts

A. The Plaintiff, before June 21, 2001, lent to the Defendant KRW 45 million (hereinafter “first money”) and KRW 120 million on November 5, 2001 (hereinafter “second money”) at 1% per interest month.

B. On May 23, 2002, the Plaintiff transferred each of the KRW 100 million to the Defendant (hereinafter “the KRW 3”) and KRW 50 million on May 25, 2002 (hereinafter “the KRW 4”).

C. On April 29, 2003, the Defendant prepared a loan certificate stating that “the Defendant borrowed KRW 35 million from the Plaintiff” (hereinafter “the instant loan certificate”) to the Plaintiff.

The details of the funds that the defendant remitted to the plaintiff are as shown in the attached Table.

[Grounds for recognition] The items of evidence Nos. 1, 2, and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. On the basis of the judgment on the cause of the claim, the “35 million won” stated in the loan certificate of this case was borrowed.

In addition, the phrase “the payment of KRW 35 million” can be interpreted as meaning “the Defendant, before June 21, 2001, and November 5, 2001, entered into an agreement with the Plaintiff to pay KRW 35 million,00,000,000,000, including KRW 165,000,000,000 from the Plaintiff on May 23, 2002 and May 25, 2002, after receiving the remittance of KRW 150,00,00,000,000 from KRW 315,00,000,000,00,000,000 to the Plaintiff on April 29, 2003.

In addition, according to the above basic facts and the purport of the whole arguments, the defendant agreed to pay interest of 1% per month while borrowing money from the plaintiff 1 and 2, and the defendant transferred money from the plaintiff 3 and 4 from June 2002 to July 2002, 3.5 million won per month except for the month from August 2002 to October 2003 and the month from August 2002 to October 203.

In light of the above facts, the plaintiff agreed to pay the above KRW 35 million to the plaintiff on April 29, 2003.

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