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(영문) 부산지방법원 2019.02.21 2017가단11519
대여금
Text

1. The Defendant’s KRW 16,003,026 and its weight to the Plaintiff:

(a) The interest rate for KRW 45,003,026 shall be from May 1, 2015 to the date of full payment.

Reasons

1. The obligation to return each of the loans in this case

A. 1) On March 10, 2014, the Defendant borrowed KRW 5 million from the Plaintiff on March 10, 2014 as the due date for payment on August 25, 2014 (Evidence A1, a certificate of borrowing was drafted in the Plaintiff’s front wife C.

(2) On June 3, 2014, the Defendant, on June 3, 2014, agreed to pay 1.5 million won interest on the 20th of each month when borrowing KRW 60 million from the Plaintiff on June 3, 2014 as the due date for repayment on October 20, 2015.

(A) On August 21, 2014, the Defendant borrowed KRW 32.5 million from the Plaintiff on August 21, 2014, the Defendant borrowed KRW 32.5 million from the Plaintiff on November 20, 2014 (Evidence A3) on December 26, 2014 (Evidence A3) and on December 26, 2014, the Defendant borrowed KRW 28.5 million from the Plaintiff on December 26, 2014 as the due date for repayment of KRW 28.5 million from the Plaintiff on January 15, 2015.

(A) On March 16, 2015, the Defendant borrowed KRW 10 million from the Plaintiff as of March 16, 2015 (Evidence A5) with the due date for payment fixed on April 6, 2015 (Evidence A5) / [based on recognition] A1-5 (each borrowed certificate or cash custody certificate, and the Defendant recognized the authenticity at the first due date for payment.

Since then, the defendant defense that the above loan certificate was forged, and it appears to the purport to revoke the recognition of the above authenticity. However, according to the appraiser D's written appraisal result, it is recognized that the above loan certificate or cash storage certificate was the defendant's writing, and there is no other evidence to prove that the above establishment recognition was contrary to the truth and due to mistake, the above cancellation is not effective.

- The purport of the whole pleadings

B. Barring special circumstances, the Defendant is obligated to pay to the Plaintiff the sum of KRW 136,00,000 for each of the instant loans, interest thereon, and delay damages.

2. Judgment on the defendant's defense for repayment

A. The Plaintiff and the Defendant asserted money from the oil supplier by means of intimidation as if they were unlawfully reported to the persons who distribute the marine oil during that period and habitually engaging in the act of extortion.

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