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(영문) 의정부지방법원 2015.02.06 2014나51153 (1)
대여금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

The plaintiff asserts that he lent 39,300,000 won to the defendant over 12 times from April 9, 2004 to May 9, 2005. Thus, considering the whole purport of the arguments as a whole, the plaintiff was asked by the defendant to request that the contract deposit be needed for the plaintiff to execute the inn rental contract, and he lent 9,000,000 won to the defendant on August 4, 2004, but it is not sufficient to recognize the fact that there is a loan exceeding the above amount, and there is no evidence to prove otherwise.

Therefore, the Defendant is obligated to pay to the Plaintiff 9,00,000 won and the following day after the duplicate of the complaint of this case was served on the Defendant, with 5% per annum as stipulated in the Civil Act from January 17, 2013 to February 6, 2015, the date when the Defendant rendered a substantial judgment, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date when the duplicate of the complaint of this case was served on the Defendant.

Therefore, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with some different conclusions, the plaintiff's appeal is partially accepted, the part against the plaintiff falling under the above recognition scope in the judgment of the court of first instance is revoked, the payment is ordered to be made to the defendant, and the remaining appeal of the plaintiff is dismissed. It is so decided as per Disposition.

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