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(영문) 서울남부지방법원 2017.11.09 2017나55075
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. In full view of the purport of the entire pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff loaned KRW 30 million to the Defendant on September 9, 2008, and the Defendant decided to pay the Plaintiff the above KRW 30 million at the maturity of one year and 12% per annum on November 10, 2009.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the agreed interest and delay damages calculated at the rate of 12% per annum pursuant to the agreement rate from November 10, 2009 to December 12, 2016, which is the delivery date of a copy of the complaint of this case, and 15% per annum pursuant to the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

In regard to this, the defendant lent KRW 30 million to the plaintiff who is a branch of the plaintiff to the defendant by lending the money to the defendant's account, so the defendant and the plaintiff are not related to a monetary loan. Since the plaintiff is at the position to divorce due to the problem of the plaintiff's lending of money, the defendant made the loan certificate to the effect that the above loan certificate is invalid because the plaintiff used the loan certificate in order to avoid divorce and used it as an absolute purpose for other purposes. However, although there is no evidence to acknowledge the defendant's assertion, and there is no sufficient evidence to deny the contents of the above loan certificate, which is a disposal document, only by the statement in the evidence Nos. 1 through 3, the defendant's argument is without merit.

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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