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(영문) 수원지방법원 2019.09.26 2019나2022
대여금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff and the Defendant had become aware of each other while working in the office of the Si auction company in the mountainous district. The Defendant prepared, around February 28, 2018, a loan certificate with respect to the Plaintiff regarding the purchase of the said land, which was in the process of selling the land of 100 square meters in Sejong City at the above C auction company:

The defendant borrowed KRW 9 million from the plaintiff for the purpose of purchasing land (including interest and non-interest). The plaintiff deposits KRW 11.6 million with the defendant's agricultural bank passbook using the defendant's agricultural bank passbook.

4. The promise to complete payment up to 30.

On the same day, the Plaintiff deposited the above KRW 11.6 million into the Defendant Nonghyup Bank account.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, it is reasonable to view that the Defendant borrowed KRW 9 million from the Plaintiff as the due date for repayment on April 30, 2018, barring any special circumstance. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 26, 2018 to the date of complete payment, which is obviously a day after the delivery of a copy of the instant complaint, as sought by the Plaintiff.

3. Judgment on the defendant's assertion

A. The summary of the argument is that the plaintiff used the name of the defendant in order to collect fees from the auction company for the sale and purchase of the above land and paid the above land amounting to nine million won. The defendant did not borrow the above money from the plaintiff, and the above loan certificate was prepared formally at the plaintiff's request.

B. In the event that the authenticity of the judgment document is recognized, the existence of the declaration of intention indicated in the document and its contents are clear and acceptable.

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