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(영문) 창원지방법원 2017.07.18 2016나7245
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. Grounds for claim;

A. On December 15, 2012, the Plaintiff and the Defendant settled the details of monetary transactions between them, and confirmed that the amount unpaid by the Defendant to the Plaintiff was KRW 34.5 million. Since the Plaintiff and the Defendant agreed to pay interest of KRW 1.5% per month on the remainder after subtracting the amount of KRW 6.5 million partially repaid by the Defendant, the Defendant is obligated to pay KRW 28 million to the Plaintiff.

B. Determination Gap 1, 2, and one (including the serial number; hereinafter the same shall apply)'s statement and shape, and the following circumstances acknowledged according to the purport of the entire pleadings, i.e., Gap 1's monetary transaction between the plaintiff and the defendant until December 2012. The defendant signed a loan certificate stating that the remaining balance of the monetary transaction between the plaintiff on December 15, 2012 is KRW 34.5 million, and there is no other evidence to deem that Gap 1's signature was forced by the plaintiff, or that the defendant was made under the imminent condition of 2,80,000 won, and the remaining part of 2,80,000 won was deducted by the plaintiff's principal and KRW 2,500,000,000,000 which were paid to the plaintiff on August 24, 2013.

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