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(영문) 춘천지방법원 2018.04.25 2017가단4105
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 130 million with the interest rate of KRW 15% per annum from July 13, 2017 to the day of complete payment.

Reasons

According to the statement of Gap evidence No. 1 (the defendant has a defense to the effect that the defendant was forged, but according to the purport of the whole pleadings, the authenticity is recognized) without dispute between the parties, and according to the purport of the whole pleadings, the plaintiff KRW 30 million to the defendant on July 4, 201;

7.2.30 million won;

8. 9.70 million won, a sum of KRW 130 million, may be recognized.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 130 million and damages for delay calculated at the rate of KRW 15% per annum from July 13, 2017 to the day of full payment after the day after the instant complaint was served on the Defendant, as the Plaintiff seeks.

In regard to this, the defendant asserts that he did not return KRW 63,755,000 over three times under the pretext of investment. However, in a case where the authenticity of a disposal document is recognized, the existence of a juristic act in its content should be recognized unless there are any special circumstances to deny the existence and content of the expression of intent indicated in the document, so long as the authenticity is recognized, the lending relationship should be recognized as stated in the disposal document, and there is no basis to accept the defendant's assertion.

Plaintiff

claim shall be accepted.

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