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(영문) 청주지방법원 2020.09.17 2019나16803
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff asserted that on March 28, 2005, KRW 15,000,000 for the defendant on June 28, 2009 at the maturity of payment and the interest rate of KRW 15,00,000 for the above loan was set at 3% per month and claimed damages for delay.

2. Although there are evidence as shown in the Plaintiff’s assertion, there is evidence Nos. 1 and 4 (each certificate of borrowed money), there is not sufficient evidence to acknowledge the authenticity of the evidence only with the statement Nos. 2 and 5 (each certificate of personal seal impression), and there is no other evidence to acknowledge it. Thus, the evidence Nos. 1 and 4 cannot be used as evidence, and there is no other evidence to acknowledge the Plaintiff’s assertion.

(No. 1 and No. 4 of the Decree, even if the authenticity of the evidence No. 1 and No. 4 is recognized, the due date for repayment of the loan shall be June 28, 2005. The lawsuit in this case was filed on May 28, 2019 after ten years have already passed since it was filed at that time. The plaintiff asserted that the due date of payment was June 28, 2009. However, although the plaintiff asserted that the plaintiff was the due date of payment on June 28, 2009, it was later written that "No. 28, 2009" as stated in the evidence No. 1 of the evidence No. 1 as the plaintiff was the due date of the first instance trial, and therefore the above part shall not be admitted as evidence.)

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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