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(영문) 청주지방법원 2016.07.13 2015나13639
대여금
Text

1.As follows, paragraphs 1 and 2 of the order of the court of first instance shall be amended:

The defendant shall pay 8,000,000 won to the plaintiff and this shall apply.

Reasons

1. According to the reasoning of Gap evidence Nos. 1, 5, 6, 9, and 10 (including each number), part of the evidence Nos. 2, and Eul’s testimony and pleading as to the cause of the claim, the plaintiff set the amount of KRW 8,00,000 to the defendant on July 31, 2006 as interest rate of KRW 1.5% per month, and the defendant's failure to pay interest to the plaintiff after June 2008 can be acknowledged.

As to this, the Defendant prepared a loan certificate stating that “the Plaintiff is the representative of Nonparty D (hereinafter “D”) and the Defendant is the former duties of D. The Plaintiff transferred KRW 8,00,000,000 from D’s operating funds to D’s account (the name of Nonparty 2 limited partnership E), and at the time of the Plaintiff’s request, “8,00,000 won is lent to the Plaintiff.” However, the Plaintiff’s assertion that it cannot be deemed that the Defendant is obliged to pay the said money he/she has used for the operation of D. As such, the Plaintiff cannot be deemed to have paid the said money that he/she has used for the operation of D. However, only some of the entries and evidence No. 2 and evidence No. 7 are insufficient to reverse the recognition, and there is no other counter-proof.

Therefore, the defendant is obligated to pay to the plaintiff 8,00,000 won with 1.5% interest per the above month from December 4, 2011 to the date of full payment.

2. The plaintiff's claim is justified, and the defendant's appeal is dismissed as it is without merit.

The judgment of the court of first instance is to be modified in accordance with the disposition of the court of first instance by the reduction and expansion of part of the plaintiff's claim at the trial. It is so decided as per Disposition by the assent of all participating Justices.

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