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(영문) 광주지방법원 2015.02.04 2014나10423

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. According to the overall purport of evidence Nos. 1 through 3 as to the cause of the claim and the entire pleadings, the Plaintiff may be found to have lent KRW 28,500,000 to the Defendant on February 22, 2013. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 28,50,000 and damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 18, 2014 to the day of full payment, which is the day following the delivery date of the instant complaint.

2. The defendant's assertion asserts that the defendant borrowed the above money from C, not the plaintiff.

However, the statement of No. 2 of the above assertion alone is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge it, and the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.