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(영문) 서울동부지방법원 2016.02.03 2015나4124
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The plaintiff's assertion

A. In the meantime, upon the Defendant’s request, the Plaintiff lent at least KRW 10 million to the Defendant and C, including KRW 10 million around August 29, 2003, and KRW 70 million on March 10, 2014, including KRW 27 million on May 12, 2014. The Defendant agreed to settle the loans, etc. at KRW 100 million on or around July 31, 2014 and pay the said loans during August 2014, and thus, the Defendant is obligated to pay the Plaintiff the agreed amount of KRW 100 million and delay damages.

B. Preliminaryly, even if the above agreement is not acknowledged, the Plaintiff leased KRW 10 million to the Defendant around August 29, 2003, and the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 10 million and delay damages.

2. Determination

A. According to Gap evidence No. 1 as to the primary claim, around July 31, 2014, the defendant prepared and delivered a confirmation letter stating that "C agrees to deposit KRW 100 million into the plaintiff's account on May 12, 2014, and C promises to deposit KRW 100 million into the plaintiff's account during August, and that it actively cooperates with and takes responsibility for paying KRW 100 million." The title of the document is not "a certificate of fact" but "a certificate of typical disposal documents, such as "a certificate" or "agreement." The content of the document is also a document that C promises to deposit KRW 100 million, and C cooperates with C to deposit KRW 100 million, and the phrase "a confirmation of whether it is liable" merely refers to the above content, and there is no evidence to acknowledge that the defendant's testimony is insufficient to acknowledge otherwise in addition to the above part of the document's statement that the defendant would pay KRW 100 million to the plaintiff.

(b) preliminary.

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