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(영문) 부산지방법원 2019.09.27 2018나59281
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. Facts of recognition;

A. On April 15, 2015, the Plaintiff remitted KRW 200 million to the Defendant.

B. On March 8, 2017, the Defendant prepared a certificate of confirmation with the Plaintiff and C that “A loan of KRW 200 million on April 15, 2015, KRW 140 million on October 27, 2016, KRW 140 million on repayment, and KRW 64 million on the basis of two copies of interest.”

hereinafter referred to as "certificate of confirmation of this case"

(i) [In the absence of dispute over recognized evidence, entry in Gap evidence 1 and 2]

2. According to the above facts finding as to the cause of the claim, the Plaintiff lent 200 million won interest to the Defendant on April 15, 2015. At the time of March 8, 2017, the Defendant, upon drawing up the certificate of confirmation of this case, recognized that the Defendant had a debt equivalent to the accrued principal and interest amounting to 64 million won out of the above loan debt, and on the other hand, the Plaintiff was paid 30 million won out of the above loan by the Defendant. Thus, barring any special circumstance, the Defendant, barring any special circumstance, is obligated to pay the Plaintiff delay damages at the annual rate of 15 million won from March 28, 2018 to the day following the delivery of the original copy of the instant payment order.

3. Judgment on the defendant's assertion

A. The summary of the claim 1) The Defendant, while operating a ship that supplies oil to a foreign ship, embezzled and sold a certain amount of oil, and from March 2014, he/she: (a) from around March 2014 to March 3, 2014, he/she was in Category C (C at that time was in Category D, E, and Dong business.

In order to prepare for various problems that may arise later in connection with illegal reverse transactions, the Defendant explains that the seller is the money received from the buyer and kept by the buyer in practice.

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