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(영문) 춘천지방법원강릉지원 2016.07.19 2015나1526
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's main claim is dismissed.

3. The plaintiff as added at the trial.

Reasons

1. Cash storage certificate E G H amount: 18,000,000 B I J,00,000 won in daily sale;

A. The Plaintiff was issued a cash custody certificate (No. 1; hereinafter “the cash custody certificate of this case”) as indicated below with E and the Defendant as the receiver.

B. The Plaintiff was issued and delivered the cash custody certificate of this case after the Plaintiff paid KRW 18 million with the loan, and thereafter paid KRW 23 million with the loan (hereinafter “the loan of this case”).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, D’s testimony of the witness of the first instance court, Eul’s testimony of the witness E of the party in question, and the purport of whole pleadings

2. Summary of the parties’ assertion

A. Plaintiff 1) The person who borrowed the instant loan is the Defendant. That is, the Plaintiff received the cash custody certificate of this case by lending KRW 18 million to the Defendant on February 12, 2014, and additionally lending KRW 20 million on February 15, 2014, and KRW 23 million thereafter, the said loan was due and the interest rate of KRW 23 million was set at 2% a month after six months. Accordingly, the Defendant is liable to pay interest or delay damages at the rate of 24% per annum from January 13, 2015 to the date of full payment from January 13, 2015 to the date of full payment.

Therefore, the Defendant, a joint and several surety, is liable to pay to the Plaintiff interest or delay damages at the rate of 24% per annum from January 13, 2015 to the day of full payment, which is the day following the period for which the above loan 23 million won and interest thereon are paid.

B. A person who borrowed money from the Plaintiff is E, and the Defendant did not borrow money from the Plaintiff.

E The cash storage certificate of this case on behalf of the Defendant, which will be used in this letter.

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