logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.09.25 2014나5447
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. Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 1 and 4 (including branch numbers if they are not stated; hereinafter the same shall apply) as to the cause of the claim, the defendant is obligated to pay 20 million won to the defendant on July 29, 2003, the repayment period of KRW 10 million was set at July 29, 2004 (hereinafter the "first loan"), and to lend KRW 10 million to the plaintiff on August 10, 2003 when he again agreed to receive KRW 880,000 every 15 months from the same month from the same month on August 10, 2003 (hereinafter the "second loan"). Thus, the defendant is obligated to pay damages for delay calculated by the rate of 200,000 won from June 13, 2013 to the day after the delivery of a copy of the complaint of this case sought by the plaintiff as the above repayment period.

2. Judgment on the defendant's defense, etc.

A. First, the defendant defense to the effect that he fully repaid the first loan. Thus, in light of Gap evidence 1-2, Gap evidence 2, Eul evidence 3-1, and witness testimony of the court of first instance from August 2003 to November 30, 2010, the defendant paid 1,2520,000 won to the plaintiff over 30 times from March 2008 to August 30, 2010, including 9 million won, can be acknowledged if there is no dispute between the parties, or if the purport of the whole pleadings is added to Eul evidence 1-2, witness Eul's testimony of the court of first instance, but there is no evidence to find that the above money was paid for the repayment of the first loan, and in light of the above evidence 1-2, Gap evidence 2, 3-1, 1-1, and witness testimony of the court of first instance, the above 350,000 won was returned to the plaintiff, and the above 1.5 million won was returned to the defendant 2.

arrow