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(영문) 부산지방법원 2017.03.30 2016나8760
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On March 27, 2012, the Defendants: (a) drafted a letter of commitment stating that “The Defendant borrowed KRW 80 million from the Plaintiff on March 26, 2012, and the terms and conditions of the loan are the same as the certificate of borrowing attached thereto (hereinafter “instant letter of commitment”); and (b) “The Defendant shall regularly borrow KRW 80 million from the Plaintiff on March 26, 2012, and shall be in two copies of the monthly interest, and the principal shall be paid in March 26, 2013, and shall be certified by a notary public as 551 of the International Law Firm, including the International Law Firm.”

B. After December 2, 2014, the Plaintiff filed a payment order against the Defendants with the Busan District Court (hereinafter “instant payment order”) stating that “The Defendants jointly and severally filed an objection to KRW 50 million and the amount calculated by the rate of 24% per annum from October 26, 2014 to the date of full payment, and the cost of demand procedure shall be paid to the Plaintiff” (hereinafter “instant payment order”). This Court ordered payment on December 5, 2014, but the Defendants filed an objection to the payment order and implemented the lawsuit.

(J) Busan District Court 2015dan1938, hereinafter referred to as the “Prior Lawsuit in this case”). C.

On April 14, 2015, the aforementioned court rendered a judgment on March 26, 2012 that “the Defendants jointly and severally paid interest of KRW 50 million to the Plaintiff and KRW 24% per annum from November 27, 2014 to the date of full payment” (hereinafter “instant judgment”) by recognizing that the Defendants leased KRW 60 million to the Defendants on March 26, 2012, and that “the Defendants jointly and severally paid interest of KRW 10 million to the Plaintiff by October 25, 2014.” The said judgment became final and conclusive as of May 21, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 3, 11, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Plaintiff (1) The Plaintiff’s payment period on March 26, 2012 to the Defendants is 2% of interest per month and March 26, 2013.

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