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(영문) 울산지방법원 2015.11.11 2015나21
대여금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

In full view of the facts in Gap evidence No. 1, Eul's testimony, and the fact-finding results in the first instance court's first instance court's testimony as to the defendant's defense suspension point, and the whole purport of the arguments, it is recognized that the plaintiff issued 100,000 won cashier's checks (number D-E) issued by the defendant around April 1, 2014 to the defendant around 1, 200 won.

Therefore, the defendant is obligated to pay to the plaintiff 1,00,000 won as well as damages for delay calculated at the rate of 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, which is obvious from June 26, 2014, on the record that it is the day following the delivery day of the copy of the complaint in this case, and as to the plaintiff, it is reasonable that the defendant dispute about the existence and scope of the obligation to pay to the defendant from June 26, 2014 to November 11, 2015. Thus, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as without merit. Since the judgment of the court of first instance is unfair, the part against the plaintiff corresponding to the above amount in the judgment of the court of first instance is revoked, and as to the defendant, the remaining appeal by the plaintiff is dismissed. It

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