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(영문) 대구지방법원 2016.10.13 2016나302500
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. The facts that the Plaintiff leased KRW 5,000,000 to the Defendant on November 17, 2005, KRW 4,000,000 on April 13, 2006, and KRW 1,000,00 on November 7, 2006 to the Defendant for the interest rate of KRW 2% on interest and three months on the lending period are not disputed between the parties.

According to the above facts, the defendant, barring special circumstances, has an obligation to pay to the plaintiff KRW 10 million and KRW 5 million from February 17, 2006, KRW 400,000 from July 13, 2006, KRW 100,000 from February 7, 2007 to March 3, 2015, which is clearly indicated that the delivery date of a copy of each complaint of this case is 5% per annum under the Civil Act until March 3, 2015, and annual interest rate from the next day to September 30, 2015 under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 2(2) of the Addenda of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. to 205% per annum (amended by Presidential Decree No. 2515, May 25, 2015).

2. Judgment on the defendant's assertion

A. The defendant asserts that the loan of November 17, 2005 was paid in cash, but the plaintiff lost the loan certificate and only did not recover the loan certificate from the plaintiff.

However, there is no evidence to acknowledge that the above loan was repaid.

Rather, the defendant's above assertion is without merit, considering the fact that the repayment of the loan and the collection of the loan did not take place.

B. The defendant asserts that the loans made on April 13, 2006 and November 7, 2006 were fully repaid to the plaintiff by issuing the coefficient of KRW 38,00,000 in total amount of face value to the plaintiff eight times between April 12, 2006 and April 27, 2007.

C. Domins, non-satisfy,

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