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(영문) 대구지방법원 2015.11.18 2015나10941
대여금 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion made a loan of KRW 450,00 to the defendant on December 11, 2001 by April 22, 2009. Insurance premium of KRW 1,463,200 (=182,900 x 8 months). Since the defendant did not pay this up to now, the defendant is liable to pay the plaintiff KRW 1,913,200 and delay damages.

2. Determination

A. The judgment on the claim amounting to KRW 450,000 is 1) The judgment on the claim amounting to KRW 450,000 is based on the evidence No. 1, and it is recognized that the Plaintiff lent KRW 450,000 to the Defendant on December 11, 2001. Thus, the Defendant, barring any special circumstance, extended KRW 450,000 to the Plaintiff (hereinafter “instant loan”).

(2) The defendant is obligated to pay the loan and delay damages. 2) The defendant asserts that the above loan was fully repaid nine times in 50,000 won, but there is no evidence to acknowledge it. The above argument by the defendant is without merit. (b) The defendant asserts that the above loan claim of the plaintiff was extinguished after the expiration of the ten-year prescription period from December 11, 2001, which is the date when the loan claim was established. Thus, according to the statement and the existence of evidence No. 1, it is stated on April 22, 2009 at the bottom of the loan certificate (Evidence No. 1) as of December 11, 2001, the fact that the due date was stated on April 22, 2009 is recognized, but it is not admissible as evidence to acknowledge the authenticity of this part, and there is no other evidence to acknowledge that the loan claim of this case was due and due date of the loan of this case has not been established, and the plaintiff's claim of this case was filed against the defendant 1101.1.

I would like to say.

2.3.

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