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(영문) 청주지방법원 2014.10.02 2014가합2072
대여금
Text

1. The defendant shall pay 150,000,000 won to the plaintiff and 24% per annum from June 3, 2004 to the day of complete payment.

Reasons

1. According to the purport of Gap evidence No. 1 and all pleadings as to the cause of the claim, it is recognized that the defendant borrowed 150,000,000 won from the plaintiff on June 2, 2004 at the rate of 2% per annum from October 30, 2004, and interest rate of 2%, barring any special circumstance, the defendant is obligated to pay to the plaintiff the agreed interest rate of 150,000,000 won and the delay damages at the rate of 24% per annum from June 3, 2004 to the day of full payment.

2. Judgment on the defendant's assertion

A. The defendant asserts that the plaintiff actually borrowed and used the above KRW 150,00,000 from the plaintiff, not himself, but C, and that the plaintiff requested the plaintiff to sign and affix a seal to the evidence Nos. 1 (Evidence Nos. 1) without the intent to bear the obligation. However, if the objective meaning of the words stated in the disposal document is clear, unless there are special circumstances, the existence and content of the declaration of intention should be recognized. The above statements in the evidence Nos. 1, 2, 4, and 5 alone are insufficient to recognize the facts alleged by the defendant.

B. Furthermore, even if it is recognized that the person actually borrowed and used the above KRW 150,00,000 from the Plaintiff is C, there is no evidence to deem that there was an agreement between the original defendant not to bear the Defendant’s obligation, and the above argument by the Defendant is difficult to accept.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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