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(영문) 서울동부지방법원 2015.04.22 2014나7461
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. Determination on the cause of the claim

A. According to the statements in Gap evidence Nos. 1 through 4, the plaintiff lent 24 million won to the defendant on March 27, 2003 without setting the due date and interest rate.

B. If so, the defendant is obligated to pay to the plaintiff 24 million won a loan and the damages for delay calculated by the rate of 20% per annum from December 24, 2004 to the day of full payment, which is the day following the delivery date of a copy of the complaint, to the day of full payment.

2. The defendant's defense is proved to the purport that at the time of the above loan, the plaintiff caused a false sale of KRW 24 million by credit card in the name of the defendant and his/her father and his/her father, and the defendant paid all loans in the form of paying credit card payment to the card company by the card company. However, it is not sufficient to recognize the above as a result of the defendant's response to the submission of financial orders to the card company as to the Samsung Card Co., Ltd., KB National Card Co., Ltd., one card (former foreign exchange card), new card Co., Ltd., a new card (former EL card), and lotl

(3) The defendant submitted the data on the use of credit cards in the name of the plaintiff in the application for resumption of pleadings after the closure of pleadings at the trial court, but all of them are merely the credit card use records prior to the date of the loan in this case). The plaintiff's claim is justified. Thus, the judgment of the court of first instance is just and it is so decided as per Disposition by the defendant.

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