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(영문) 춘천지방법원 2017.06.20 2016가단7060
대여금
Text

1. The Defendant: (a) KRW 27,900,000 for the Plaintiff and 5% per annum from October 19, 2016 to June 20, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned to the Defendant KRW 2 million on November 3, 2003, KRW 2 million on July 16, 2003, KRW 10 million on September 22, 2003, KRW 12 million on August 12, 2004, KRW 12 million on October 4, 2004, KRW 36 million on total.

In addition, the plaintiff was not paid KRW 4 million by the defendant's joining the fraternity as the main owner.

B. Accordingly, on June 26, 2006, the Defendant drafted a loan certificate stating that the sum of the above amount shall be KRW 40 million and interest accrued during that period shall be paid to the Plaintiff, and that it shall be paid KRW 50 million each month from November 26, 2006 to KRW 1 million each month (hereinafter “the loan certificate of this case”).

C. Since August 25, 2007, the Defendant repaid the total of KRW 22.1 million from August 25, 2007 to April 22, 2016.

[Ground of Recognition: Facts without dispute, Gap evidence Nos. 1 through 4 (including additional numbers), Eul evidence Nos. 3 and 4, the purport of the whole pleadings. The defendant defense that the loan of this case was made by the plaintiff's strong pressure and intimidation, but the result of the plaintiff's examination alone is insufficient to recognize it, and there is no other evidence to acknowledge it.]

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the balance of the borrowed amount of KRW 27.9 million (=5 million - 2.1 million) and to pay damages for delay calculated at the rate of 5% per annum under the Civil Act until June 20, 2017, which is the date of this decision, which is the date of the delivery of the payment order requested by the plaintiff, to the defendant from October 19, 2016, which is the day following the day of the delivery of the payment order sought by the plaintiff, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day until the day of the full payment.

3. Judgment on the defendant's assertion

A. 1) The Plaintiff, who claimed extinctive prescription, has lent money to the Defendant from 2003 to 2004 out of the loan borrowed amount, KRW 2 million on November 3, 2003, KRW 2 million on July 16, 2003, KRW 14 million on September 22, 2003, and KRW 14 million on September 22, 2003. The Plaintiff, who claimed extinctive prescription, has lent money to the Defendant from 2003 to 2004.

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