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(영문) 울산지방법원 2017.10.18 2016나4020
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. Basic facts

A. On September 30, 2012, the Defendant prepared and delivered to the Plaintiff a loan certificate stating “The amount of KRW 70,000,000 for the borrowed money will be repaid until December 30, 2012, and the borrowed money will be borrowed on a cash day” (hereinafter “the instant loan certificate”).

B. On October 31, 2012, the Defendant made and delivered to the Plaintiff a letter of payment stating “I, on September 30, 2012, borrow KRW 70,000,000 from the Plaintiff, and I, until December 30, 2012, the due date for payment, shall not necessarily be paid (hereinafter “instant letter of payment”).

C. On November 16, 2012, the Defendant: (a) borrowed KRW 70,00,000 on September 30, 2012 from the Plaintiff; and (b) “Notarial Deed” (hereinafter referred to as “Notarial Deed”) stating that the Plaintiff will repay until December 30, 2012 is called the “Notarial Deed.”

) draw up and deliver the documents. [The facts, Gap's evidence Nos. 1, 2, and 4 and the purport of the whole pleadings that have no grounds for recognition.]

2. The court shall recognize the existence and contents of the declaration of intention as stated in the statement, unless there is any clear and acceptable counter-proof to deny the contents of the statement, so long as the judgment on the cause of the claim is recognized as having been authentic.

(1) The Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at a rate of 20% per annum under the provisions of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015), i.e., KRW 70,000 from December 31, 2012, the day following the due date for payment, and KRW 5% per annum under the Civil Act, from May 14, 2015, the delivery date of a copy of the complaint of this case, from the next day to the day of full payment, to May 14, 2015, and the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015).

3. Judgment on the defendant's assertion

A. The defendant's assertion.

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