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(영문) 창원지방법원 거창지원 2018.08.28 2017가단11310
대여금
Text

1. The defendant shall pay 40,980,000 won to the plaintiff and 15% per annum from April 20, 2018 to the day of complete payment.

Reasons

1. Indication of claim;

A. On January 2017, the Plaintiff paid KRW 18 million to the Defendant. The Defendant borrowed KRW 19 million to the Plaintiff on January 24, 2017, and the Defendant prepared and awarded a cash car certificate with the content of “the Plaintiff borrowed KRW 19 million.”

B. On June 13, 2017, the Defendant borrowed the Plaintiff’s obligation of KRW 50 million at the maturity date on May 9, 2018 and 25% per annum (payment on May 10). If the Defendant did not perform the said obligation, a notary public drafted and issued a notarial deed under a monetary loan agreement of KRW 200,00 on May 10, 2017, stating that a notary public would recognize compulsory execution if the said obligation is not fulfilled, and the Plaintiff wired the Plaintiff’s account of KRW 26 million around 23:28, 2017 and May 11, 2017 to KRW 17,000,000, respectively.

C. On August 16, 2017, the Plaintiff received 3020,000 won in compulsory execution procedures based on the said notarial deed.

Therefore, the defendant is obligated to pay to the plaintiff 40,980,000 won out of the total amount of the above borrowed amount of KRW 44,400,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 20, 2018 to the day of complete payment, which is the day following the delivery date of the application for modification of claim and cause of claim.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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