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(영문) 서울북부지방법원 2018.01.18 2017가합1855
대여금
Text

1. The Defendant’s KRW 350,000,000 as well as 5% per annum from April 1, 2014 to September 6, 2017 to the Plaintiff.

Reasons

1. In full view of the facts that there is no dispute between the parties to the determination as to the cause of the claim, evidence Nos. 1 and 2, and the purport of the entire pleadings, the Plaintiff, upon introduction by the Defendant, lent KRW 250 million to C, KRW 100 million to D, and KRW 350 million in total, around June 2009, and the Defendant prepared a certificate of borrowing that he/she would repay the above KRW 350 million by the end of March 15, 2012.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 350 million won and 5% per annum as stipulated in the Civil Act from April 1, 2014, which is the day following the due date for payment of the contract, to September 6, 2017, the delivery date of the original copy of the instant payment order, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. The Defendant’s assertion and judgment asserted to the effect that, on March 15, 2012, the Defendant’s act of preparing a loan certificate stating that the Plaintiff would repay KRW 350 million to the Plaintiff is invalid as a declaration of intention, a false declaration of intention, a false declaration of intention, or a declaration of intention by mistake, not a true one, but there is no evidence to acknowledge the Defendant’s

The defendant's assertion is not accepted.

3. citing the Plaintiff’s claim for conclusion

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