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(영문) 울산지방법원 2019.01.30 2018나1315
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 reasoning of the argument in each of the statements in Gap evidence Nos. 1 and 5 as to the cause of the claim, the plaintiff lent KRW 70 million to the defendant on May 14, 2010 (hereinafter referred to as "the loan of this case" in the plaintiff's position, and "the loan of this case" in the defendant's position) and the fact that the plaintiff urged the defendant to return the loan of this case at least once before the plaintiff applied for the payment order of this case.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 23, 2017 to the date of full payment, after serving the original copy of the instant payment order with respect to the borrowed amount of KRW 70 million.

2. Judgment on the defendant's defense, etc.

A. Judgment 1 on the argument that the Defendant is not the actual borrower is the actual borrower of the instant loan, which the Plaintiff asserted as the cause of the claim, and subparagraph 1 of the instant loan (hereinafter “the instant loan loan”).

(B) It is nothing more than confirming that the secured claims secured by the right to collateral security set forth in C-V, P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

The above facts, and the following circumstances recognized by the Defendant comprehensively considering the purport of the entire arguments, namely, ① the Defendant’s assertion as to the developments and meaning of preparing the instant loan certificate, but the Defendant’s intent of the loan certificate in this case.

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