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(영문) 수원지방법원 2019.06.12 2019나51420

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 as to the cause of claim

A. The Plaintiff loaned to the Defendant at the interest rate of KRW 5 million on June 29, 2016 (15% per annum), and on November 30, 2016, with the maturity of KRW 15% per annum (15% per annum), together with the entries in the evidence Nos. 1 and 2, the results of completion appraisal and the overall purport of pleadings by the appraiser C of the first instance trial, and the Plaintiff received reimbursement of KRW 2 million from the Defendant. The Plaintiff is obligated to pay to the Plaintiff the interest rate of KRW 3 million and damages for delay calculated at the rate of KRW 15% per annum as requested by the Plaintiff from May 22, 2018 to the date following the delivery date of the original copy of the decision of the instant payment order, as requested by the Plaintiff.

B. As to this, the defendant did not borrow KRW 5 million from the plaintiff to the plaintiff, and the evidence No. 1 (the evidence No. 1) was asserted to the effect that the plaintiff voluntarily prepared. However, it is insufficient to recognize the above argument only with the statement No. 1 and No. 2 submitted by the defendant, and the defendant's assertion is not accepted as there is no other evidence to acknowledge it.

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.