(영문) 대구지방법원 2015.12.17 2015나883 | 리걸엔진

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(영문) 대구지방법원 2015.12.17 2015나883

대여금

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1. The defendant's appeal is dismissed.

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

3. The text of the judgment of the court of first instance is set forth.

Reasons

1. If there is no dispute between the parties to the judgment as to the cause of the claim, or if the purport of the entire pleadings is added to the entries in Gap evidence No. 1 and Eul evidence No. 3, the plaintiff may recognize the fact that the plaintiff, on July 20, 2009, lent the defendant 10,000,000 interest per month and one-month period for payment (hereinafter "the loan of this case") with the loan set as the repayment period of ten percent (10% per month), and paid KRW 9,000,000,000.

(1) On June 13, 2014, the Defendant: (a) made a confession of the aforementioned lending on March 24, 2014 through the statement in the reply of the first instance court on the date of pleading on March 24, 2014; and (b) revoked the statement in the statement of reasons for appeal as of March 24, 2015, which included the contents inconsistent with the reply of the first instance court on June 11, 2015; (c) however, the Defendant appears to have satisfied the statement in the evidence No. 4 and the testimony of the witness of the first instance court as of June 13, 2014, as it is difficult to believe that the confession would be against the truth and due to mistake; (d) there is no other evidence to acknowledge the above confession; (e) therefore, the Defendant is obligated to pay the Plaintiff the loan principal of this case plus KRW 9,225,000,25,900,000, 2000, 3010, 20000.

2. Defendant’s assertion and judgment

A. The Defendant asserted that the Defendant paid the Plaintiff KRW 1,00,000 per month interest from August 24, 2009 to October 2009, and paid KRW 5,000,000 on October 21, 2009, and paid the remainder of the principal. The Defendant paid KRW 2,550,000 on December 24, 2009 to the Plaintiff all of the instant loans.

B. According to the evidence No. 1, the fact that the Defendant’s account was transferred from October 21, 2009 to the Plaintiff’s account under the name of the Plaintiff on October 21, 2009 is recognized, but the fact that the amount of KRW 5,00,00 has been transferred from the Defendant’s account is all the pleadings on the evidence No. 2, No. 3, and part of the witness C’s testimony.

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