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(영문) 서울중앙지방법원 2015.05.22 2014나40410
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 for the court’s explanation of this part of the judgment on the cause of the claim is as stated in the corresponding part of the judgment of the court of first instance, except for the change of the witness C from among the macro-written evidence to the witness C of the court of first instance. As such, this part is cited in accordance with the main sentence of

2. The defendant's assertion that the defendant denied the fact that he borrowed money from the plaintiff, but the defendant asserts that he did not have a duty to pay the money to the plaintiff since he merely borrowed chips equivalent to KRW 9 million from the plaintiff while gambling in Mcaro and that it constitutes illegal consideration.

The facts that the Defendant lent USD 200,000 from the Plaintiff are acknowledged as above. However, if the witness D testified in this court that the Plaintiff lent 50,000 dollars to the Defendant, while making the testimony, the Plaintiff made a statement that he would promptly lend 50,000 dollars between Hong Kong and Hong Kong, it is merely about USD 5,000, which is merely about the fact that there is a lot of difference from the amount claimed by the Plaintiff, and there is no evidence supporting the Defendant’s assertion.

3. If so, the defendant is obligated to pay to the plaintiff 30,000,000 won and damages for delay calculated at the rate of 20% per annum from March 22, 2013 to the day of full payment, which is the day following the delivery of the complaint of this case. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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