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(영문) 의정부지방법원 2018.07.05 2017가단10749
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 2,00,000 and the interest rate of KRW 15% per annum from January 11, 2017 to the date of complete payment.

Reasons

Judgment on the Grounds of Claim

A. On May 25, 2009, the Plaintiff: (a) on May 25, 2009, lent KRW 2,000,000 to the Defendant for the interest rate of KRW 6% per month; and (b) on June 30, 2009.

[Ground of recognition] Facts without dispute, Gap evidence No. 1 (where the authenticity, such as the part of seal, etc., is recognized, the document concerned may be presumed to have been signed, sealed, and affixed by the person under whose name the document was completed, unless there are other special circumstances. In addition, in a case where the authenticity of the part of seal imprints, etc. is recognized, the circumstance such as the document’s signature and seal was first signed and sealed at the time when the whole or part of the document was not completed shall be deemed to belong to this example. Thus, there is a reasonable reason to see the authenticity of the authenticity as a completion document, and there is a need for evidence such as an indirect evidence to support it (Supreme Court Decision 2001Da11406, Apr. 11, 2003). The defendant’s name and signature written by Gap evidence No. 1 and the defendant’s signature written by the defendant are in dispute between the parties, and thus the authenticity of the entire document is presumed to have been completed. The defendant is a document stating only its name and signature, and there is no evidence to acknowledge the alteration of the purport of the entire pleadings.

B. According to the above facts, the Defendant is obligated to pay the Plaintiff the above loans of KRW 2,00,000 and damages for delay calculated at the rate of KRW 15% per annum from January 11, 2017 to the day of full payment, as sought by the Plaintiff, following the delivery date of the original copy of the instant payment order, as the payment period requested by the Plaintiff.

The defendant asserted a set-off against the remaining costs of the defendant's counterclaims. The defendant has received KRW 40 million from the defendant for the plaintiff's recovery of the children living in Australia, and the remaining amount of money used by the plaintiff and the plaintiff are limited.

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