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(영문) 전주지방법원군산지원 2019.09.03 2018가단5190
대여금
Text

1. The defendant shall pay 35,00,000 won to the plaintiff and 30% per annum from January 1, 2016 to the day of complete payment.

Reasons

1. As long as the establishment of a disposition document as to the cause of claim is recognized as authentic, the court shall recognize the existence and content of declaration of intent in accordance with the language and text stated in the disposition document, unless there is clear and acceptable counter-proof as to the denial of the contents stated therein.

In a case where there is a dispute over the interpretation of a juristic act between the parties and the parties concerned, the interpretation of the intent expressed in the disposition document shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively considering the contents of the text, the motive and background of the juristic act, the purpose to be achieved by the juristic act

(2) The Plaintiff, at the request of the Defendant from around July 12, 2018, continuously traded money by transferring money to the account of a stock company C (hereinafter referred to as “C”) in which the Defendant or the Defendant was the representative director, etc. In the process, the Defendant borrowed KRW 35 million from the Plaintiff on December 20, 2013, and paid the interest of KRW 2.5 percent ( KRW 880,000 per month) on the 20th day of each month to the Plaintiff on December 20, 2013. The lending period (hereinafter referred to as “the instant loan certificate”) did not conflict between the parties, or may be recognized by comprehensively taking into account the entries and arguments of subparagraphs 1 through 7 (including the serial number; hereinafter the same shall apply).

According to the above facts of recognition, the Defendant, on December 20, 2013, seems to have agreed to set the amount of debt to the Plaintiff incurred in the course of monetary transactions with the Plaintiff at KRW 35 million and to repay it to the Plaintiff.

Therefore, barring special circumstances, the Defendant is at least 35 million won as stated in the loan certificate of this case and at least 30% per annum from January 1, 2016 to the date of full payment sought by the Plaintiff.

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