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(영문) 수원지방법원 2014.12.26 2014나4689
대여금
Text

1. The defendant's appeal is dismissed.

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

3. By means of the reduction of claims in the trial.

Reasons

1. Basic facts

A. On July 25, 2012, the Plaintiff remitted KRW 2.7 million to the Defendant, and on the same day, the Defendant prepared and delivered to the Plaintiff a certificate of borrowing that the Plaintiff shall pay KRW 3 million and 2% interest per month (hereinafter “the first certificate of borrowing”).

B. The Plaintiff from August 16, 2012 to the same year

9. Until August 21, 200, the Defendant remitted 12,340,000 won in total to the Defendant six times (the two times were remitted from the Plaintiff’s father’s account). Around August 2012, the Defendant prepared and issued to the Plaintiff a loan certificate stating the loan amount of KRW 10,000,000 won, the due date for repayment, April 24, 2013, and the delayed payment rate of KRW 37.5% per annum (hereinafter “the second loan certificate”).

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 5 (including each number), D's testimony and the whole purport of the pleading [the defendant asserted that the second loan No. 2 (No. 2-1) of this case was forged, but considering the whole purport of the pleading in the testimony of the witness D, the defendant can find the fact that the defendant prepared the second loan No. 2 of this case with his own seal affixed with his certificate of personal seal impression, family relation certificate, etc., and issued with the second loan No. 2 of this case, and the defendant's above assertion cannot be accepted].

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the interest and delay damages calculated at the rate of 24% per annum, which is the agreed rate for the interest rate of KRW 12.7 million in total and KRW 10 million in total, as the Plaintiff seeks, from April 25, 2013 to the date of full payment, following the due date, and for the remainder of KRW 2.7 million in total, from July 25, 2012 to the date of full payment.

3. As to the defendant's defense, the defendant set up a defense that 300,000 won was paid twice as interest on the loan based on the first loan certificate of this case.

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