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(영문) 광주지방법원 2016.07.15 2015나9444
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. Basic facts

A. As of May 10, 201, the loan certificate between the Plaintiff and the Defendant was prepared between the Plaintiff and the Defendant, and between the Plaintiff and the Defendant, that the Plaintiff determined and lent KRW 30 million to the Defendant as of January 10, 2013 on the due date. 2) The loan certificate was prepared between the Plaintiff and the Defendant as of November 31, 201, with the effect that the Plaintiff fixed and lent KRW 26 million to the Defendant as of December 31, 2011 on the due date.

B. On September 25, 2010, the Plaintiff organized the sequence of 500,000 won per month and 600,000 won per month before receiving the fraternity in accordance with the sequence of 10,000 won, and 20,000 won per month after receiving the fraternity. The Defendant joined the said fraternity Nos. 9 and 11, and received the said fraternity on May 10, 201 and 30,000 won on May 10, 201, and the Plaintiff received the said fraternity of 10,000 won on May 10, 201, and the Defendant received the said fraternity of 20,000 won on May 10, 201, respectively, after receiving the fraternity of 10,000 won on May 10, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, 18-1 through 20, Eul evidence 2-3, the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff lent a total of KRW 56 million to the Defendant, as stated in the loan certificate, and the Defendant is obligated to pay the Plaintiff a loan of KRW 56 million and delay damages therefor. 2) The Defendant received a fraternity by joining the limit on September 25, 201, organized by the Plaintiff, and did not pay a total of KRW 7.2 million (i.e., KRW 1.., KRW 1.2 million x 6 times) due to the Plaintiff’s failure to pay a total of KRW 1.2 million on September 25, 2011, and signed the said limit on May 10, 201.

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