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(영문) 의정부지방법원 2019.10.17 2018나6243
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. On July 31, 2014, the Plaintiff was from time to time engaged in transactions, such as lending money to the Defendant and receiving a repayment, etc. before 2009, and was issued a promissory note issued by the Defendant with the following payment notes (Evidence A1; hereinafter “instant payment note”) and face value KRW 28 million.

The amount of gold KRW 28 million will be paid as interest per month until a promissory note is notarized and repaid, and as soon as possible, the principal will be paid at KRW 57 million,00,000,000,000 which the Defendant borrowed from the Plaintiff (the amount including KRW 59,000,000,000,000,000,000) which the Defendant borrowed from C, and the remaining amount will be paid as KRW 40,000 per month.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The assertion and judgment

A. 1) As long as the authenticity of a disposition document is recognized, the court shall recognize the existence and content of the expression of intent in accordance with the content of the document, unless there is any counter-proof (see Supreme Court Decisions 2005Da34643, Apr. 13, 2006; 2006Da27055, Sept. 14, 2006). According to the above facts, the court shall determine the principal of the defendant's obligation in a monetary transaction as KRW 28 million and shall pay interest on the principal amount at KRW 40,000,000 per month. Thus, the legal act of the defendant to prove the bill of this case constitutes a disposition document itself, and the plaintiff is the person who received interest on the portion of April 4, 2017 from the day after the day when the contract was concluded with the plaintiff to pay interest on the principal amount at KRW 28,000,000,000,000 for each of the above payment to the plaintiff until 1.5.18.

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