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(영문) 대구지방법원 2020.07.15 2019나321120

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

(a) The existence of a dispositive document in respect of which the formation is deemed true must be recognized unless there is a clear and acceptable reason to deny its content;

(See Supreme Court Decision 80Da442 delivered on June 9, 1981). B.

In full view of the overall purport of pleadings, Gap evidence Nos. 1 (Evidence No. 1) (Evidence No. 2) (Evidence No. 1) (Evidence No. 1) (Evidence No. 2) (Evidence No. 6) provides that the document was written as the plaintiff's coercion or the defendant's pathy, but it is not sufficient to acknowledge it only with the entries No. 2-6, and no other evidence exists). In full view of the whole purport of pleadings, the plaintiff loaned KRW 150,000 to the defendant around 2008, and the plaintiff set the amount of KRW 170,000 with the defendant around March 18, 2014 plus interest on the loan No. 170,000,0000 with interest rate of KRW 170,000 and KRW 40,000 with interest rate of KRW 12,837,60,000 with interest rate of KRW 300,007,207.

2. The defendant's defense is defense that the defendant paid a total of KRW 38,100,000 among loans to the plaintiff between January 27, 2014 and May 2018. However, it is not sufficient to recognize that the statement in the evidence No. 1 alone exceeds KRW 12,837,600 as the plaintiff, and there is no other evidence to support this. Thus, the defendant's defense cannot be accepted.

3. Thus, the plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the court of first instance that shares the same conclusion is justifiable, and the defendant is the defendant.