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(영문) 창원지방법원 2017.04.06 2016나5751
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph 2.

Reasons

1. Basic facts

A. On November 25, 2010, the Defendant issued a loan certificate stating that “The Plaintiff will pay in installments the amount of KRW 35 million borrowed from the Plaintiff on September 3, 2003, in five million each day from November 25, 2010,” and “the loan certificate of this case” (hereinafter referred to as “the loan certificate of this case”).

B) The Defendant drafted the Plaintiff. B. The Defendant repaid the Plaintiff KRW 25 million in total by paying the respective amount of KRW 10 million on December 3, 2010, KRW 50 million on May 2, 2013, and KRW 10 million on May 26, 2014. 【Ground for Recognition. 【No dispute over the ground for Recognition. 【No dispute over the ground for recognition, Party A’s evidence 1, 2, and Party B’s evidence 4 (including each number), the purport of the entire pleadings, and the purport of the entire pleadings.

2. Determination

A. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff 10 million won in balance of loans and damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from May 26, 201 to December 21, 2015, the delivery date of the original copy of the payment order in this case, as sought by the plaintiff, from May 26, 201 to December 21, 2015, and from the next day to the day of full payment, 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

B. The defendant's assertion 1) from September 3, 2009 to September 25, 2009: (a) the defendant borrowed a total of KRW 24.9 million from the plaintiff; and (b) prepared a loan certificate of KRW 25 million from the loan; and (c) the plaintiff demanded the preparation of the loan certificate of this case with KRW 35 million from November 25, 2010; (d) the plaintiff demanded the preparation of the loan certificate of this case with the principal amount of KRW 25 million and interest KRW 10 million from the principal amount of KRW 25 million from the loan; and (e) if the funeral service is well-known, the defendant would not pay the principal amount of KRW 5 million from the loan; and (e) the defendant's loan obligation against the plaintiff remains as the defendant fully repaid the principal amount of KRW 25 million; and (e) the court affirmed the authenticity of the disposition document as long as it is acknowledged that the disposition document should be established.

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