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(영문) 울산지방법원 2016.11.23 2016나1526

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. Purport of the claim.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1’s statement and the entire argument as to the cause of the claim, the plaintiff may have lent KRW 2 million to the defendant’s deposit account on June 18, 2007 (hereinafter “instant loan”). Thus, the defendant is obligated to pay damages for delay calculated at the rate of KRW 2 million per annum 15% per annum from August 21, 2015 to the date of delivery of the copy of the complaint of this case, as the plaintiff seeks, as requested by the plaintiff, to the plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant asserts that, in preparing a written agreement between the Plaintiff and C with respect to the lawsuit between the Plaintiff and C (the Busan District Court No. 2010Da116033, 2011Na8857, and Supreme Court No. 2012Da38704, hereinafter “related case”), there was an agreement between the Plaintiff and C that not only the other party but also the Defendant, who is a person involved in the said lawsuit, should not raise any civil or criminal objection, so the Plaintiff cannot seek the return of the instant loan to the Defendant any longer in accordance with the said agreement.

B. The following facts, which are acknowledged by comprehensively taking account of the descriptions of No. 1-2, Eul evidence No. 1-2, significant facts and the purport of the entire pleadings in this court, namely, the agreement between the plaintiff and C on November 5, 2014 (hereinafter “instant agreement”) was prepared, and Article 7 of the agreement "the plaintiff and C recognize that all the related cases were resolved smoothly, and they do not raise any civil or criminal objection against the other party, including related persons," and "the above agreement includes the contents that contain the other party," and "the above case" under the above agreement includes < Amended by Act No. 825, Apr. 26, 2007; Act No. 8522, Apr. 4, 2005>