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(영문) 서울남부지방법원 2016.01.14 2015나58209

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. In full view of the overall purport of Gap evidence Nos. 3 through 7 and 9 through 12 as to the cause of the claim and the whole arguments, the plaintiff set the defendant as interest rate of 2% on July 2, 2001, and lent as interest rate of 2% on May 24, 2001, (B) as interest rate of 2% on May 20, 2002, and agreed to pay 120 million won on May 20, 2002 to the plaintiff as interest rate of 2% on May 20, 2002, (c) as interest rate of 2% on September 24, 2002, 8 million won was deducted from the remaining interest rate of 3 million won, and thus, the defendant can be recognized as having agreed to pay 2 million won to the plaintiff by 3 million won on September 3, 2003.

2. The defendant's defenses of payment of the above KRW 28 million asserted that the defendant paid the above KRW 28 million to the defendant, but there is no evidence to acknowledge that the defendant paid the above KRW 8 million to the person who was paid the payment. Thus, the defendant's defense of payment of the above KRW 8 million is without merit.

3. Accordingly, the defendant is obligated to pay to the plaintiff the damages for delay calculated at the rate of 20% per annum pursuant to the plaintiff's claim from September 23, 2012 to the date of full payment, as agreed upon by the plaintiff, the delivery of a copy of the complaint of this case to the plaintiff, as requested by the plaintiff, and within the scope of the agreed interest rate from September 23, 2012 to the date of full payment. Thus, the plaintiff's claim is justified. The judgment of the court of first instance is just as