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(영문) 울산지방법원 2015.02.04 2014나10892
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. The reasoning of the court's explanation of this case is the same as that of the judgment of the court of first instance, and thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Defendant's assertion that C had prepared a certificate of loan (Evidence A3) retroactively after transferring the management right of the Defendant company, but the disposal document should be interpreted in accordance with the language and text, barring any special circumstance, and there is no evidence to acknowledge that the above certificate of loan was written retroactively, and there is no other evidence to acknowledge it, the above argument by the Defendant is without merit). 2. As such, the Defendant is liable to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum per annum from May 13, 2013 to the date of full payment, which is the day following the due date of payment, to the day of full payment. Accordingly, the judgment of the first instance court which partially different conclusions is unfair, but the judgment of the Defendant cannot be changed to the disadvantage of the Defendant. Thus, the Defendant's appeal is dismissed.

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