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(영문) 부산지방법원 2016.08.18 2015나50795
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 in accordance with paragraph (1) of the same Article.

Reasons

1. In full view of the purport of the entire arguments in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff and the Defendant acknowledged the fact that, on October 9, 2012, the Plaintiff and the Defendant, together with the Defendant’s new-use KRW 40 million and C’s existing obligations KRW 30 million, agreed to repay at an annual interest rate of KRW 12 million, and at a maturity of one year, the Plaintiff received interest by May 10, 2013.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 12% per annum from May 11, 2013, which is the day following the date of the last payment of interest, to December 26, 2014, the delivery date of a copy of the complaint of this case, and 20% per annum from the next day to the day of full payment under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings.

2. The defendant's argument that the judgment of the defendant's assertion is limited to KRW 40 million that he borrowed among KRW 70 million, and that the remaining KRW 30 million should be reduced by KRW 40 million as C actually borrowed.

The fact that the Defendant actually borrowed the amount of KRW 40 million is merely a mere 40 million is as seen earlier, but on the other hand, instead of recovering C’s certificate of borrowing KRW 30 million with the Plaintiff, the Defendant’s certificate of borrowing KRW 70 million with the amount of KRW 30 million (=40 million with KRW 30 million) recognized the Defendant’s authenticity.

the facts prepared by the parties do not have a big dispute between them, or as set forth above.

(1) The Defendant is liable for the repayment of KRW 70 million to the Plaintiff in accordance with the agreement, insofar as the Defendant agreed to pay KRW 70 million to the Plaintiff, in addition to his/her own debt of KRW 40 million, as well as KRW 30 million.

The defendant's assertion is not accepted.

3. The plaintiff's claim for conclusion must be accepted on the ground of the reasons.

The judgment of the first instance is consistent with this conclusion.

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