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(영문) 울산지방법원 2018.04.26 2017가단19295
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 340,520,547 as well as KRW 100,00,000 from November 1, 2017 to the day of full payment.

Reasons

1. The fact that the Defendant, on April 9, 2009, prepared a certificate of borrowing (No. A. 1; hereinafter “certificate of borrowing”) stating that “the Defendant borrowed KRW 100,000,000 from the Plaintiff at an annual interest rate of 36%” to the Plaintiff is not disputed between the parties.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the interest of KRW 340,520,547 (i.e., the principal amount of KRW 100,000,000,000 per annum from April 9, 2009 to July 14, 2014, the interest of KRW 158,054,794, which is calculated at the rate of 25% per annum from July 15, 2014 to October 31, 2017, and the interest of KRW 100,00,000,000 per annum from November 1, 2017.

3. Judgment on the defendant's assertion

A. The Plaintiff’s claim is unreasonable since it did not receive money under any pretext, as well as KRW 100,000,000 in relation to the loan certificate of this case as to the purport of the Defendant’s assertion.

B. Although the Plaintiff did not submit objective data, such as financial transactions, regarding the payment of KRW 100,00,000,000 as stated in the loan certificate of this case to the Defendant, as long as the authenticity of the loan certificate of this case is recognized as a disposal document, the existence and content of the expression of intent as stated therein should be recognized unless there is any clear and acceptable counter-proof that the contents of the certificate of this case can be denied, and it is difficult to see that Eul’s certificate of this case’s certificate of this case’s 1 constitutes a clear and acceptable counter-proof that can deny the contents of the certificate of this case’s loan, and there is no other counter-proof, the Defendant’s assertion cannot

4. The plaintiff's claim for conclusion is justified and acceptable.

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