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(영문) 부산지방법원서부지원 2020.09.10 2018가합101838
대여금
Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from June 15, 2018 to September 10, 2020 to the Plaintiff.

Reasons

Basic Facts

The Plaintiff and the Defendant prepared each of the following certificates that the Plaintiff would lend money to the Defendant:

Notarial deeds under a cash loan agreement on November 20, 2017: The amount of loans KRW 150 million per annum, interest KRW 12% per annum, from December 2017 to October 2020, KRW 4,166,60 per month, and KRW 4,16,900 per November 20, 2020 (hereinafter referred to as “notarial deeds of this case”) shall be paid in installments on November 20, 2018 (hereinafter referred to as “the last day of February 30, 2018”), and the last day of February 30, 2018 shall be 28 days, and there is no date on February 30, 2018.

However, since the Plaintiff’s relevant loan certificate was written on February 30, 2018 on the date of the preparation of the relevant loan certificate submitted as evidence (see Evidence A No. 1 (2), No. 2 (1), which were submitted in duplicate with the same document) and specified as indicated therein.

A loan certificate: The Plaintiff in a criminal case related to the loan of KRW 90 million, interest rate of KRW 2%, and the loan certificate on September 30, 2018 (hereinafter “the first loan certificate”): The loan of KRW 90 million, interest rate of KRW 2%, maturity of 2%, December 7, 2018 (hereinafter “second loan certificate”; hereinafter “the second loan certificate”); and hereinafter “each loan certificate,” in addition to the first loan certificate, the Defendant borrowed KRW 490 million from June 24, 2016 to March 14, 2018, respectively, and filed a complaint with the Busan Police Station on the charge of fraud of KRW 130 million, and KRW 150 million from November 20, 2017, respectively.

However, on June 28, 2019, the prosecutor of the Busan District Prosecutors' Office issued a non-prosecution disposition by the prosecutor of the Busan District Prosecutors' Office on the grounds that there is a lack of evidence to prove the defendant's intention, etc.

(No. 2019-type No. 2800). [Grounds for recognition] The plaintiff's assertion of the parties to the loan stated in Gap's evidence Nos. 1 through 9, Eul's evidence Nos. 1 through 5, and the overall purport of the pleading, respectively, shall be prepared with the defendant to arrange the existing monetary transactions between the plaintiff and the defendant from June 24, 2016 to June 24, 2016.

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