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(영문) 대구지방법원 2020.11.18 2020나306608
대여금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs A through 6 of the basic facts, the Plaintiff may recognize the fact that the Plaintiff lent KRW 7,000,000 to the Defendant on June 1, 2017 by means of remitting KRW 7,00,000 to the deposit account in the Defendant’s name.

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 7,00,000 and damages for delay calculated at the rate of 15% per annum under the provisions on special cases concerning the promotion, etc. of Legal Proceedings and the main sentence of Article 3(1) of the former Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from May 3, 2019 to May 31, 2019 on the record that it is evident that the Defendant is the next day after the delivery of a copy of the complaint of this case to the Defendant.

On April 18, 2017, the Defendant loaned the money to the Plaintiff by means of remitting KRW 7,000,000 to the deposit account in the name of D, a form of a type of the Plaintiff’s transaction with the Plaintiff designated by the Plaintiff on April 18, 2017. On June 1, 2017, the Defendant received a loan from the Plaintiff by means of remitting KRW 7,000,000 from the Plaintiff’s name as the deposit account in the Defendant’s name and received a transfer of KRW 7,00,000 from the Defendant’s name and did not borrow the money of this case from the Plaintiff. However, the Defendant’s assertion is insufficient to reverse the Plaintiff’s loan to the Defendant.

3. Conclusion, the plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the court of first instance is just based on the conclusion, and the defendant's appeal is dismissed as it is without merit.

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