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(영문) 수원지방법원여주지원 2020.02.19 2019가단2232
대여금
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 15% from May 2, 2019 to May 31, 2019, respectively.

Reasons

1. The parties' assertion

A. On October 10, 2016, the Plaintiff leased the Defendant of Myanmar KRW 50,000,000 to the Defendant, and the Defendant agreed to pay the amount of KRW 50,000,000 per annum until December 20, 2016.

B. Although Defendant prepared a certificate of borrowing KRW 50,000,000 from the Plaintiff on October 10, 2016, Defendant did not actually receive KRW 50,000,000.

2. Determination

A. According to the witness evidence No. 1, witness C, and D’s testimony, the Defendant may recognize the fact that on October 10, 2016, the Plaintiff prepared and delivered the following loan certificates (hereinafter “the instant loan certificates”) to the Plaintiff in Myanmar:

The borrowed amount of KRW 50,000,000 shall be received in full by borrowing the above amount.

The above amounts will be repaid until December 20, 2016, and if the date is extended, it will be agreed between them.

B. In general, in a case where the authenticity of a disposal document is recognized, the existence of an expression of intent indicated in the document and its content are not permitted to deny the probative value of the disposal document, unless there are special circumstances where it is clear and acceptable to the contrary, and the existence of the content of the legal act must be recognized.

(See Supreme Court Decision 89Meu16505 delivered on March 23, 1990, etc.). C.

In light of the above legal principles, the loan certificate of this case is clear that it is a disposal document, and there is no dispute between the parties that the loan certificate of this case was duly established.

Therefore, barring any clear and acceptable circumstances, barring any special circumstance, it is bound to acknowledge that the Defendant agreed to borrow KRW 50,000,000 as of December 20, 2016 and received KRW 50,000,000 from the Plaintiff according to the language and text of the loan certificate in this case, under the agreement to borrow as of December 20, 2016.

The defendant shall pay 50,000,000 won from the plaintiff.

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