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(영문) 제주지방법원 2015.05.15 2014가단46425
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 as well as 20% per annum from September 4, 2014 to the day of complete payment.

Reasons

1. Determination

A. If Gap evidence Nos. 1 and 2 (including evidence attached with serial numbers) shows the overall purport of the pleadings as to the cause of the claim, the defendant prepared a loan certificate with the purport of borrowing KRW 40,000,000 annually interest rate of KRW 12% on December 20, 201, repayment period of KRW 31 December 31, 2013, and the payment period of interest rate of KRW 25,000 on December 20, 201 (hereinafter referred to as "the first loan certificate"; see subparagraph 1-1) with the purport of borrowing KRW 20,00,000 on November 12, 2013 as interest rate of KRW 12% on a yearly repayment period, May 25, 2014, and the date of payment of interest rate of KRW 25,00 on May 25, 201, and can be acknowledged as equivalent to Gap evidence No. 21-2.

As long as the establishment of a disposal document is recognized as authentic, the court shall recognize the existence and content of the expression of intent as stated in the disposal document, unless there is any clear and acceptable reflective evidence that denies the contents of the statement (see, e.g., Supreme Court Decisions 2002Da6753, Jun. 11, 2002; 2004Da60065, May 27, 2005). Under the above recognition, barring any special circumstance, the defendant is obligated to pay to the plaintiff a total of KRW 60,000,000 with the loan borrowed amount due to the second and second evidence and damages for delay at the rate of 20% per annum as requested by the plaintiff from September 4, 2014 to the day of complete payment, as requested by the plaintiff.

The defendant borrowed 18,00,000 won from the plaintiff and received 15,000,000 won as securities investment, and prepared a first certificate of 40,000 won including the principal amount of 7,00,000,000 won as interest, and the second certificate was only prepared at the plaintiff's request that the loan certificate for investment loss be issued, and the actual loan amount is merely 18,00,000,000 won. However, in light of the contents of the first and second certificate, the defendant argued that the second certificate of 1,00,000 won is merely 18,00,000 won.

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