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(영문) 서울북부지방법원 2015.06.02 2014나5218
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. In full view of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the defendant promised on November 17, 2003 that the above amount shall be immediately returned to the plaintiff on November 17, 2003 when it is demanded to be kept in custody and redeemed (comfore) from November 17, 2003, and shall bear any civil or criminal responsibilities. On this way, the defendant will prepare a cash storage certificate (Evidence No. 1) stating "B" (Evidence No. 1) with the contents of "one million won, five million won, and the following day after the copy of the complaint of this case was delivered to the defendant on December 5, 2013, and deliver it. Thus, the defendant has an obligation to pay damages for delay calculated at the rate of 20% per annum of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 17, 2003 to the day of full payment.

In regard to this, the defendant asserts that he paid to the plaintiff a cash of KRW 2 million and KRW 3 million on credit, so there is no evidence to acknowledge this differently. Therefore, the defendant's above assertion is without merit.

2. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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