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(영문) 대구지방법원 2017.03.29 2016나307536
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Determination as to the cause of claim

A. In full view of the facts that there is no dispute between the parties to the dispute as to the facts of recognition, and the purport of the entire pleadings in Gap evidence Nos. 1 through 3, the plaintiff paid KRW 10 million to the defendant on March 21, 2012, and the defendant confirmed that the above amount was borrowed as of March 25, 2012, "Won 10,000 won (Won 10,000,000)" on March 25, 2012, the borrower prepared a loan certificate stating "B" (hereinafter referred to as "the loan certificate of this case"), and issued it to the plaintiff.

B. 1) As long as a disposal document is deemed to be duly formed, the court should recognize the existence of expression of intent and its contents in accordance with the language and text stated in the disposal document unless there is any clear and acceptable counter-proof that denies the contents of the statement (see, e.g., Supreme Court Decision 201Da105867, Apr. 26, 2012). In light of the foregoing legal doctrine, it is reasonable to view that the Defendant borrowed KRW 10 million from the Plaintiff on March 21, 2015 or at the latest on March 25, 2012 without the due date or interest agreement, and in cases of a loan for late payment for which no agreement was reached, the court shall demand the return of the order for payment to the Defendant with a reasonable period fixed (Article 603(2) of the Civil Act), and the borrower shall be deemed to have been liable for the repayment of the money to the Defendant within 15 days after the due date for repayment of the money borrowed from 105 days prior to the date of the loan.

3. Therefore, the defendant shall pay to the plaintiff KRW 10 million.

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