logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.08.11 2015나19467
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. The Plaintiff holds a certificate of borrowing (No. 1, hereinafter “the instant certificate”) with the following content and a certificate of personal seal impression issued on September 7, 2006 by the Defendant himself.

On September 15, 2006, the date when the loan was terminated on September 15, 2006, the date when the loan was terminated.

On the other hand, the seal of the plaintiff and the defendant is affixed to the loan certificate of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. As long as the authenticity of the relevant legal disposition document is recognized, the court shall reasonably interpret the objective meaning that the party gave to the display act in writing, regardless of the party’s internal intent, and in this case, if the objective meaning of the text is clear, the court shall recognize the existence and content of the declaration of intent in accordance with the language stated in the relevant disposition document, unless there is any clear and acceptable reflective evidence to deny the contents.

(see, e.g., Supreme Court Decision 2013Da57122, Sept. 4, 2014). (B)

Judgment

In light of the relevant legal principles, barring any special circumstance, the Defendant, barring any special circumstance, shall be deemed to have agreed to pay to the Plaintiff the interest already agreed upon even after the maturity date, in the event there is no interest agreement at the rate of loan for consumption from March 16, 2007 to the date of full payment, as the Plaintiff seeks from March 16, 2007, after deducting KRW 700,000,000 from the remainder of the loan borrowed on the loan certificate of this case, which was already paid by the Plaintiff, from which the Plaintiff had been paid.

(see, e.g., Supreme Court Decision 80Da2649, Sept. 8, 1981). Liability to pay damages for delay calculated at the rate of 20% per annum within the scope of the Act.

The defendant's seal affixed to Gap's No. 1 certificate is affixed to the defendant.

arrow