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(영문) 광주지방법원 2020.01.23 2019나57526
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. It is reasonable to view that the reasoning of the judgment of the court of first instance, which cited the judgment, was a monetary loan agreement with the Plaintiff to lend KRW 150 million under the name of part of the lease deposit of the apartment complex of this case between the Plaintiff and the Defendant on March 2016, and to return the said money upon the termination of the lease contract of this case. Therefore, it is reasonable to deem that the Defendant is liable to pay to the Plaintiff the damages for delay calculated at the rate of 15% per annum from October 25, 2017 to the day of full payment, as sought by the Plaintiff, after the termination of the lease contract of this case, a copy of the complaint of this case is delivered to the Plaintiff, as requested by the Plaintiff, at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 25, 2017 to the day of full payment.

(The grounds for appeal by the Defendant are not significantly different from the allegations in the first instance court, and even if the evidence additionally examined by this court was presented, it is difficult to change the facts and judgments recognized by the first instance court. In conclusion, the judgment of the first instance is justifiable. Thus, the Defendant’s appeal is dismissed as it is without merit.

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