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(영문) 서울고등법원 2016.06.22 2015나2052747

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 evidence No. 1 of the judgment as to the cause of the claim Gap [the evidence of use, the defendant alleged that the above document was forged, but it is not sufficient to acknowledge the forgery only with the entries of evidence Nos. 7 and 8 (including paper numbers) of Eul, and no other evidence exists to acknowledge the forgery], Gap evidence No. 2, Eul evidence No. 2, and Eul witness E's testimony and the whole purport of oral argument, the defendant can recognize the fact that the defendant borrowed KRW 150,00,000 from the plaintiff on March 7, 2013 for the business fund of Eul as of March 7, 2014, the defendant borrowed the above recognition by designating the amount of KRW 150,00,00 from the plaintiff on March 7, 2014 as the business fund of Eul, and each statement of evidence Nos. 3, 6, 9, and 13 (including

According to the above facts of recognition, the defendant is liable to pay the above loan to the plaintiff, unless there are other circumstances.

2. The defendant's argument as to the defendant's assertion is alleged to the purport that the plaintiff exempted the defendant from the defendant's obligation to repay the borrowed amount on or around December 16, 2013, but it is not sufficient to recognize the above only by the descriptions of the evidence Nos. 2 and 3, and there is no other evidence to prove otherwise, the defendant's above argument

3. Conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as stipulated in the main text of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 27, 2014 to the day of full payment, following the delivery date of a copy of the instant complaint, to the day of full payment, and the main text of Article 3(1) of the former Act on Special Cases concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015).

The plaintiff's claim of this case shall be accepted on the grounds of all.

The judgment of the court of first instance is justified as the conclusion is consistent with this, and the defendant's appeal is dismissed. It is so decided as per Disposition.