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(영문) 서울중앙지방법원 2018.11.28 2018나25167
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. According to the purport of the entire pleadings as to the evidence Nos. 1 and 2 as to the cause for the claim, the Plaintiff may recognize the fact that the Plaintiff, without an agreement on the interest rate of KRW 6,00,000 on July 28, 2016, KRW 200,000, KRW 600 on July 29, 2016, KRW 600,000 on July 31, 2016, and KRW 600,000 on August 4, 2016, the Plaintiff set the due date for repayment as of December 30, 2016.

Therefore, the defendant is obligated to pay to the plaintiff 6,00,000 won for the above loan and 15% interest per annum from July 7, 2017 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order, which the plaintiff seeks.

2. The defendant's argument is asserted to the purport that the defendant merely received KRW 6,00,000 from the plaintiff and deposited KRW 6,000,000 in the course of making an investment in the process that the plaintiff decided to invest KRW 6,00,000 in the Ballast Sea Co., Ltd., and the defendant did not borrow the above KRW 6,00,000 from the plaintiff, but the loan certificate (Evidence A 1) is not effective to confirm only the flow of money by the plaintiff's coercion.

However, it is not sufficient to recognize the defendant's above assertion only with the descriptions of Nos. 1 and 2 of Nos. 1 and 2, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed.

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