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(영문) 대전지방법원서산지원 2015.05.13 2014가단5809
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the evidence evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff and the Defendant entered into a loan transaction agreement between the Plaintiff and the Defendant to lend KRW 175,00,000 to the Defendant (hereinafter “instant loan agreement”) on April 2, 2012, and the Plaintiff did not pay interest on the instant loan agreement from October 11, 2012, and the principal and interest on the instant loan agreement was at least KRW 218,827,190 as of June 23, 2014, and the interest on the instant loan agreement from June 24, 2014 can be acknowledged that the overdue interest rate from June 24, 2014 pursuant to the changed interest rate is 15.1%.

Unless there are special circumstances, the defendant is obliged to pay the plaintiff overdue interest and delay damages for KRW 218,827,190 and KRW 175,00,00 among them.

2. The defendant's defense was proved by a conspiracy between the plaintiff and the defendant that he would not impose liability on the defendant as the debtor of the loan agreement of this case through B, and thus the loan agreement of this case is null and void by a false conspiracy.

In cases where the authenticity of a disposal document is recognized, it shall be objectively interpreted that the parties expressed their intent in accordance with the language and text stated in the disposal document, barring any special circumstances. In cases where there are differences in the interpretation of a contract between the parties and thus the interpretation of the parties expressed in the disposal document is at issue, the document shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, the motive and background leading up to the agreement, the purpose to

(See Supreme Court Decision 2005Da24349 Decided March 10, 2006, etc.). In order to establish a false declaration of conspiracy, there must be an agreement between the other party and the other party as to the inconsistency without being indicated in the actual intent of the declaration of intent. A third party is the principal debtor or the joint guarantor on the loan-related documents, such as a written agreement for lending and borrowing money.

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