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(영문) 대구지방법원 2021.01.27 2020나311365

대여금

Text

1. The plaintiff's appeal is dismissed.

2. Upon the Plaintiff’s ancillary claim added by this Court:

A. The defendant.

Reasons

Basic Facts

On February 20, 2018, the Plaintiff, in collusion with the Defendant and C, received KRW 20,000,000 from the Plaintiff for the purpose of borrowing money in collusion with the investigative agency on or around December 20, 2016.

“The Defendant and C brought a criminal prosecution case against the Defendant and C (the subordinate branch office of the Daegu District Public Prosecutor’s Office 2018 typed 21872). However, the subordinate branch office of the Daegu District Public Prosecutor’s Office did not impose a non-prosecution disposition against the Defendant on November 27, 2018 (Evidence).

On December 19, 2018, the Plaintiff filed an appeal against the disposition of non-prosecution on the said disposition. However, on January 2, 2019, the Plaintiff drafted a written agreement with the Defendant to pay KRW 2,500,000 to the Plaintiff in installments from the Defendant on the last day of each month (hereinafter “instant agreement”) and withdrawn the appeal on the same day.

On the other hand, the Plaintiff received KRW 2,800,000 from C on February 20, 2017, and KRW 1,500,000 from the Defendant on January 2, 2019, and KRW 300,000 from the Defendant’s wife on February 1, 2019.

【In the absence of a dispute over the grounds of recognition, each of the statements in Gap’s evidence Nos. 1 through 15, and the purport of the entire argument by the plaintiff as to the purport of the whole argument, the defendant, on December 20, 2016, issued a loan certificate to the plaintiff in the name of Eul and borrowed 20,000,000 won from the plaintiff as of February 20, 2017. Thus, the defendant is obligated to pay the remainder of the loan loan amount of KRW 17,20,000, excluding the remainder of the loan amount of KRW 2,800,000 already paid to the plaintiff, and damages for delay.

Preliminary claim is obligated to pay to the Plaintiff the agreed amount of KRW 2,500,000,00 as stated in the instant agreement, and to pay damages for delay calculated at the rate of 5% per annum from February 1, 2019 to the date of this judgment, and 12% per annum from the next day to the date of full payment.

Judgment

The evidence presented by the Plaintiff alone regarding the primary claim that the Plaintiff lent money to the Defendant as alleged by the Plaintiff.

The recognition is insufficient, and there is no other evidence to prove this.