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(영문) 광주지방법원 목포지원 2017.04.20 2016가단6482
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 3 million with 15% per annum from July 8, 2016 to the day of complete payment.

Reasons

1. The fact that the Defendant agreed to pay KRW 33 million with the Plaintiff on December 9, 2002 (hereinafter “instant agreement”) after 2013 can be acknowledged by the purport of the statement of evidence No. 2 and the entire pleadings.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 3 million won with 15% interest per annum from July 8, 2016 to the day of full payment, which is the day following the day on which the original copy of the instant payment order was served, as requested by the Plaintiff.

2. Judgment on the defendant's defense

A. On December 9, 2002, the Defendant agreed between the Plaintiff and the Plaintiff to pay KRW 56 million, including the agreed amount of KRW 33 million, from June 25, 2003 to May 25, 2013, and written a notarial deed of a monetary loan for consumption with such content. On June 2, 2016, the Defendant agreed to pay KRW 15 million between the Plaintiff and the Plaintiff to discharge all of the Defendant’s obligations against the Plaintiff, and paid KRW 15 million to the Plaintiff. As such, the Defendant’s obligations against the Plaintiff were fully exempted.

B. The following facts are without dispute between the parties or may be acknowledged by the statements in Gap evidence Nos. 1 and Eul evidence Nos. 1 and 2. A) The plaintiff and the defendant, on December 9, 2002, found the notary public in the New Law Office in 2002, and they lent KRW 56 million to the defendant. The defendant made a notarial deed of this case to the plaintiff on June 25, 2003 to May 2004, 250 won on May 25, 2004, 50,000 won on June 25, 2004 to May 25, 2008, 530,000 won on April 25, 2008 to April 25, 2013, and 90,000 won on May 25, 2013 (hereinafter "No. notarial deed of this case").

B. On June 2, 2016, the Defendant repaid KRW 15 million between the Plaintiff and the Plaintiff on June 2, 2016.

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