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(영문) 대구고등법원 2016.02.17 2015나2219
대여금
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is ordered.

Reasons

1. The following facts of the recognition do not conflict between the parties, or may be recognized by each entry of Gap 1 to 6 (including the numbers when they are not specially indicated; hereinafter the same shall apply), the testimony of the witness C at the trial and the purport of the whole pleadings, and there is no counter-proof.

On November 16, 2007, the Defendant made two copies of the cash custody certificate (Evidence A 1 and 2) stated in 100 million won and 3 copies of the interest rate per month (Evidence A) to the Plaintiff, stating that “The Defendant would repay KRW 200,000,000 with interest and audit up to March 31, 2008, on the face of financing by means of interest and audit.”

(1) On November 16, 200, 207, 50,000 won (Defendant) on November 19, 2007, 47,000,000 won on the lending date and 47,000 won on November 19, 2007, "4.19,000,000 won on December 3, 2007, 300 " 5,000 won on December 14, 2007, 5, 10,000 won on December 17, 207 (D) 6,6,000 won on November 15, 207, 13, 13,793, credit cards, 15, 151, 7, 2000 won on credit cards, etc. 3, 205, 207, 36, 47, 27, 2007

B. At the request of the Defendant, the Plaintiff loaned a total of KRW 139,759,325 to the Defendant over several occasions between November 16, 2007 and March 13, 2008 as indicated in the following table.

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 139,759,325 of the above loans and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 14, 2011 (the day following the delivery of the complaint) to the day of full payment.

3. If so, the judgment of the court of first instance, which concluded as the result of the reduction of claim in the trial, is justifiable, and the defendant's appeal is dismissed as it is without merit (However, the judgment of the court of first instance was modified as stated in the Disposition No. 3). It is so decided as per Disposition by the court of first instance.

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