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(영문) 서울북부지방법원 2015.06.16 2014나5690

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. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2 (including additional numbers) as to the cause of the claim, the plaintiff set interest at 2-3% per month to the defendant, and agreed on January 9, 2010, KRW 500,000,000 on August 9, 201, KRW 200,000,000 on February 21, 201, and KRW 22,00,000,000 per annum to the plaintiff on April 4, 2013, the defendant agreed on the loan of KRW 20,000,000 per annum from the following day to the end of 2-1,000,000,000 per annum 4,000 to pay interest per annum 2,000,000 per annum to the plaintiff on April 4, 2013, and the defendant can pay the above loan of KRW 201 to the plaintiff.

2. First of all of the judgment of the defendant's assertion, the defendant alleged that the loan certificate of this case is not effective by force and intimidation of the plaintiff and his/her father, but there is no evidence to acknowledge this. Thus, the defendant's above assertion is without merit.

Next, the Defendant asserted that the Plaintiff paid KRW 5,750,00 to the Plaintiff, and according to the evidence No. 1, the Defendant’s transfer of KRW 5,750,000 to the Plaintiff’s account under the Plaintiff’s name on April 12, 2011 is recognized, but on the other hand, the Defendant recognized that the Plaintiff had remaining in the loan amount of KRW 20,000 on April 4, 2013 and issued and delivered the instant loan certificate to the Plaintiff, as seen earlier, it is difficult to view that the said amount was a repayment of KRW 20,000,000,000, and there is no other evidence to acknowledge it.