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(영문) 서울서부지방법원 2018.08.30 2018나32818

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. Comprehensively taking account of the purport of evidence evidence Nos. 1 to 6, 4, 5 and all pleadings, the Plaintiff and the Defendant: (a) from around 2000 with a long-term knowledge of the loan; (b) the Defendant finally borrowed KRW 22,50,000 from the Plaintiff to the Plaintiff to repay the loan by May 30, 2012; and (c) issued the Plaintiff with a loan certificate stating that the Plaintiff borrowed the above loan from the Plaintiff to the Plaintiff from May 30, 2012 (in the instant payment order, etc., it appears that the Plaintiff asserted that the Plaintiff borrowed the loan from the Plaintiff in lump sum, but according to the legal brief, etc. submitted by the Plaintiff, the said loan certificate was prepared by settling the loan loan with the upper part of the loan certificate and the name, resident registration number, address, etc. of the Plaintiff from around 1 to 23, 205 to 105, 105, 205, 2015.

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the sum of KRW 22,500,000 based on the loan certificate of this case and KRW 1,300,000, as claimed by the Plaintiff’s credit card instead of the Plaintiff’s credit card, deducted the remainder of KRW 7,250,000 from the remainder of the loan amount of KRW 16,550,000, and delay damages calculated at the rate of 15% per annum from May 17, 2017 to the day of full payment, which is the day following the delivery of the copy of the complaint of this case sought by the Plaintiff, as the repayment date of the above agreement.

2. Judgment on the Defendant’s assertion