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(영문) 대구지방법원 2017.09.28 2017나4155
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. Basic facts

A. The Plaintiff had a loan claim against C, and C had a material price claim against the Defendant.

B. On December 27, 2014, the Defendant drafted a payment note (Evidence A 1; hereinafter “instant payment note”) stating that “The payment of the remaining KRW 0,000 won shall be made by January 31, 2015 and shall be made by February 10, 2015” (hereinafter “instant payment note”).

C. At present, the Plaintiff was holding, and the Defendant paid KRW 6 million to the Plaintiff around September 2015.

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

2. According to the facts of the judgment on the plaintiff's cause of action, the defendant prepared and ordered the plaintiff with a written statement of payment in this case.

As such, barring any special circumstance, the Plaintiff is obligated to pay the remainder of KRW 14 million (=20 million - 6 million) in accordance with the instant written statement of payment and damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 1, 2016 to the date of full payment, as sought by the Plaintiff.

3. The defendant's argument that the payment angle of this case was prepared by the defendant's creditor C, and the defendant asserted that the defendant paid the plaintiff KRW 6 million and KRW 14 million to C, and that all of the obligations under the payment angle of this case were repaid.

In light of the above circumstances, each statement of evidence Nos. 1 and 2, which corresponds to the defendant's argument, is difficult to believe as it is, and there is no other evidence to acknowledge the defendant's assertion.

Therefore, the defendant's above assertion is without merit.

3. The plaintiff's claim of this case should be accepted in its reasoning. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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