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(영문) 인천지방법원 2016.10.21 2016가단230361
대여금
Text

1. The Defendant amounting to KRW 30 million to the Plaintiff and the Plaintiff’s annual rate from March 31, 2015 to June 15, 2016.

Reasons

According to Gap evidence Nos. 1 and 2, on November 17, 2014, the defendant prepared and ordered the following monetary borrowed money to the plaintiff, and the plaintiff remitted KRW 30 million to the defendant on December 2, 2014.

Therefore, barring any special circumstance, the defendant is obligated to pay to the plaintiff 30 million won and the damages for delay calculated at the rate of 5% per annum under the Civil Act from March 31, 2015, which is the day following the due date to June 15, 2016, to the defendant, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

Accordingly, the defendant asserts that there is no money borrowed from the plaintiff unlike the contents of the above loan certificate.

However, the existence and content of the declaration of intent in accordance with the content of the document should be recognized, unless there is any clear and acceptable evidence to deny the content of the statement in the case of the above disposal document.

(See Supreme Court Decision 2002Da34666 Decided September 6, 2002, etc.). Nevertheless, since the Defendant failed to submit a clear and acceptable reflective document that denies the loan stated in the above document, the Defendant’s assertion cannot be accepted.

Thus, the plaintiff's claim of this case is reasonable, and all of them are accepted.

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