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(영문) 대구지방법원서부지원 2020.12.24 2020가합50724
대여금
Text

The Plaintiff

A. Defendant B’s KRW 5,500,000 per annum from April 14, 2020 to December 24, 2020; and

Reasons

1. Basic facts

A. The Plaintiff and Defendant B were in a personal relationship, and Defendant B, Defendant C, and D are mother and child relationship.

B. On February 2019, Defendant B prepared and rendered to the Plaintiff a certificate of borrowing that “the Plaintiff will pay KRW 9 million up to March 27, 2019” (hereinafter “instant B loan certificate”).

C. On November 24, 2018, Defendant C prepared a loan certificate stating that “120,000,000 won shall be borrowed and the said amount shall be paid at 2.5% of the above amount on the 24th day of each month until the said amount shall be repaid.”

Defendant D should borrow KRW 100,000,000 to the Plaintiff on July 26, 2019 and pay interest on the borrowed amount on the 30th of each month.

Interest shall be changed depending on the borrower's import.

“The” has drawn up and drawn up a cash car with the contents thereof.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The plaintiff's assertion 1) The summary of the plaintiff's assertion: (a) the defendant B did not lend KRW 32,200,000 to the number of days; (b) the defendant B voluntarily paid KRW 977,710 with the plaintiff's credit card from January 14, 2018 to February 14, 2018; and (c) the plaintiff did not pay the remainder of KRW 2750,000,000 for the repair cost of the vehicle on which the plaintiff was on board the defendant B, but did not pay the remainder of KRW 5,50,000,000 for the purpose of use; (d) around February 1, 2019; and (e) the plaintiff did not pay the remainder of KRW 3.5 million with the remainder of KRW 15,500,000,000 for the 3.5 million loan and the remainder of KRW 2,500,000,000 for the remainder of the lease.

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