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(영문) 창원지방법원 밀양지원 2018.02.21 2017가단1679
대여금
Text

1. The defendant shall pay 38,080,000 won to the plaintiff and 24% per annum from September 10, 2016 to the day of full payment.

Reasons

When a disposition document is deemed to have been authentic, the existence and contents of an expression of intent in accordance with the contents of the document shall be recognized, unless there is any clear and acceptable counter-proof evidence that denies the contents of the statement.

(See Supreme Court Decision 201Da9655 Decided May 26, 201, etc.). According to the aforementioned legal doctrine, following the following purport: (a) there is no dispute between the parties to the instant case; or (b) the Plaintiff supplied ready-mixed to the Defendant; (c) the Plaintiff was unable to receive the supply price of ready-mixed; and (d) the Plaintiff was issued a cash storage certificate with the amount of KRW 38,080,00 from the Defendant on September 9, 2016; (b) the date of maturity on September 9, 2016; (c) the date of maturity on December 31, 2016; and (d) the interest rate of KRW 2% from the date of maturity on December 31, 2016; and (e) the Defendant, after September 9, 2016, has an obligation to pay the Plaintiff the unpaid ready-mixed price of KRW 38,080,00 and delay damages at the annual rate from September 24, 2016.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.

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