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(영문) 인천지방법원 2019.10.31 2019가단235244

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 12% per annum from June 29, 2019 to the day of complete payment.

Reasons

In full view of the purport of the entire arguments in Gap evidence Nos. 1 through 3, the plaintiff may recognize each of the facts in the attached Form No. 1 to the defendant.

According to these facts, the defendant is obligated to pay to the plaintiff 40 million won and the damages for delay calculated at the rate of 12% per annum from June 29, 2019 to the day of full payment, which is the day following the delivery of the complaint of this case.

In this regard, the defendant asserts that the above amount of money is an investment and is not a loan, notwithstanding the above loan certificate.

However, as long as the authenticity of a dispositive document is recognized, it shall be interpreted that the parties expressed their intent in accordance with the contents of the language stated in the dispositive document, barring any special circumstance to deny the probative value of the dispositive document. However, the above assertion by the defendant is without merit, inasmuch as there are no special circumstances to deny the probative value of

In addition, around June 2018, the Defendant agreed to pay the Plaintiff the principal amount of KRW 40 million, in addition to the principal amount of KRW 20 million, and to adjust the obligation and obligation between the Defendant. Since the Defendant returned the Plaintiff a total of KRW 42 million over several occasions from April 6, 2018 to May 10, 2019, the Defendant asserted to the effect that he had left the Plaintiff a total of KRW 18 million. However, there is no evidence to acknowledge that there was an agreement between the Plaintiff and the Defendant on settlement as alleged by the Defendant, the Defendant’s assertion is without merit.

If so, the plaintiff's claim is reasonable and acceptable.