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(영문) 수원지방법원 2017.01.26 2016나8074
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. In full view of the purport of the entire pleadings in Gap evidence No. 1 (the loan certificate of this case; hereinafter referred to as "the loan certificate of this case"), as to the cause of the claim, the fact that the plaintiff agreed on September 27, 2012 and lent KRW 20,000 to the defendant on September 27, 2013 (hereinafter referred to as "the payment payment of this case") can be recognized, barring any other special circumstances, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 10, 2015 to the day of full payment, etc. as the date following the original copy of the payment order of this case was delivered to the defendant.

2. As to the defendant's argument, the defendant, at the plaintiff's request, prepared the loan certificate of this case and delivered it to the plaintiff and received the payment of this case from the plaintiff. However, the payment of this case is merely the amount invested by the plaintiff in the establishment of the Central New School Lifelong Education Institute affiliated with the Central New School Lifelong Education Institute, and it is not the amount borrowed from the plaintiff. However, if the defendant asserts that the objective meaning of the terms and conditions of the contract is clear when the contract is written between the parties to a contract as a disposal document, the existence of the expression of intent and its contents should be recognized (see, e.g., Supreme Court Decision 2008Da46531, Nov. 13, 2008). Thus, the payment of this case must be recognized as a loan in accordance with the objective meaning of the terms and conditions stated in the loan certificate of this case, and the payment of this case must be recognized as a loan in accordance with the objective meaning of the loan certificate of this case by the National Institute No. 3,4,5,8,912,13,17, and 18.

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