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(영문) 서울남부지방법원 2018.01.10 2016가단41757
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from October 2, 2013 to the day of complete payment.

Reasons

1. The fact that the Plaintiff, on July 1, 2013, lent KRW 60,00,000 (hereinafter “instant loan”) to the Defendant on the basis of 2.5% of interest per month, and the period of repayment as of December 31, 2013, can be acknowledged according to the respective entries in the evidence Nos. 1, 3, 5, 8, 11 through 14 (including the serial number), witness B’s testimony and the entire purport of pleadings.

[General, who is a party to a contract constitutes a matter of interpretation of the intent of the party involved in the contract. Interpretation of an expression of intent constitutes a matter of interpretation of the party involved in the contract. The objective meaning granted to the party to the contract to the contract in writing, which is a disposal document, shall be reasonably interpreted according to the contents of the written document, regardless of the party’s internal intent, in the case where the content of a contract is written between the parties as a disposal document. In this case, if the objective meaning of the text is clear, barring any special circumstance, barring any special circumstance, the existence and content of the expression of intent shall be recognized (see Supreme Court Decision 2009Da92487, May 13, 2010). Although C, its father, remitted to the Defendant on July 1, 2013, the Plaintiff transferred the loan amount of KRW 60,000,000 to the Defendant, on the same day, the Plaintiff was prepared as a creditor under the loan transaction contract (No. 11-1).

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff interest or delay damages calculated at the rate of 15% per annum from October 2, 2013 to the date of full payment.

The evidence alone presented by the Defendant alone was extinguished by the repayment of the instant loan obligation.

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