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(영문) 춘천지방법원 2015.02.03 2014가단4371
대여금
Text

1. The defendant shall pay 3,00,000 won to the plaintiff and 24% per annum from January 9, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 29, 2007, the Plaintiff lent KRW 20,000 to the Defendant at an interest rate of KRW 2% per month and due date of payment on December 29, 2007.

B. On December 22, 2009, when the Defendant failed to repay the above loan to the Plaintiff by the above repayment date, the Defendant prepared a certificate of borrowing that the Plaintiff would pay 35,000,000 won, including interest, etc. on the principal of the loan, at an interest rate of 2% per month, to the Plaintiff by December 22, 2010.

C. In addition, on January 8, 2014, the Defendant issued to the Plaintiff a certificate of borrowing KRW 3,000,000 to the effect that it borrowed at the interest rate of 3% per month.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 27,011,010 (i.e., the amount of KRW 35,000 based on the loan certificate issued on December 22, 2009, excluding the portion of KRW 35,000,000, the Plaintiff was paid by the Defendant, as well as the remainder of KRW 24,01,010, 2010 based on the loan certificate issued on January 8, 2014) and damages for delay.

B. The defendant's assertion asserts that the defendant paid all obligations based on the loan certificate dated December 22, 2009, out of the loan amount of this case.

According to the evidence Nos. 1 and 1 (cash receipt, the plaintiff argued that the above Cash Receipt was forged, but the plaintiff was accused of forging private document on the ground that he forged the above Cash Receipt No. 2, but on December 18, 2014, the defendant was subject to a disposition by the National Scientific Investigation Research Institute from the Chuncheon District Prosecutors' Office of December 18, 2014 on the ground that he received a reply from the National Scientific Investigation Institute to the effect that the writing of the above Cash Receipt is highly likely to be identical to the plaintiff's writing as a result of comparison with the plaintiff's pen, and according to the above facts of recognition, the above Cash Receipt is recognized as its authenticity.)

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