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(영문) 전주지방법원 2015.07.01 2014나3606
대여금
Text

1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1 and all pleadings as to the cause of the claim, the defendant is obligated to pay to the plaintiff, on December 17, 2010, a loan certificate stating that "the defendant borrowed KRW 2.5 million from the plaintiff, and repayment of principal shall be made on February 17, 2011," and according to the above facts, the defendant borrowed KRW 2.5 million from the plaintiff. Thus, the defendant is obligated to pay to the plaintiff damages for delay at each rate of KRW 2.5 million per annum as prescribed by the Civil Act from February 18, 2011 to December 4, 2013, which is clearly recorded that the delivery date of the original copy of the payment order of this case from February 18, 2011 to December 4, 2013.

2. The conclusion is that 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. However, it is obvious that " December 14, 2013" in Paragraph 1 of the disposition of the court of first instance is a clerical error of " December 4, 2013." and it is so decided as per Disposition.

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