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(영문) 대구지방법원 2018.10.25 2017나308086
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 6, Gap evidence Nos. 7-1, 2, and 8, Gap evidence Nos. 8, and Eul's testimony and arguments (the defendant asserted that the signature part of defendant No. 1 was forged, but according to the witness Eul's testimony, the authenticity of the above loan certificate's signature is recognized, the evidence submitted by the defendant alone is insufficient to reverse it, and no other proof is presented otherwise). The plaintiff may, through the plaintiff's plaintiff's son, transfer the amount of KRW 130 million to the defendant on February 14, 2014, KRW 160 million on loan No. 14,000,000,000 to the defendant on February 14, 2014, KRW 200,000,000 won on loan No. 1. 1630,000,000 won on loan No. 1681, Feb. 14, 2014.

According to the above facts of recognition, the defendant is obligated to pay the principal of the loan of this case and interest and delay damages to the plaintiff.

Meanwhile, there is no assertion or proof as to the method of appropriation of each amount repaid by the Defendant to the Plaintiff. Therefore, if the expenses are to be appropriated in the order of resources in the interest calculated by the agreement of 130 million won per annum and 3% per annum until the maturity ( August 31, 2016) of the principal of the instant loan and the repayment period of 30 million won per annum, the above repayment amount of KRW 2,91,780 won from February 14, 2014 to November 20, 2014 x 2,991,780 won (= 13,000 x 0.00 x 0.00 x 0.03 x 280.03 x 2865 x 2,500 won (i.e., the principal, less than 280/365 x 160,781.200 won) and the remaining principal to KRW 125,19781.208 billion

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