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(영문) 수원지방법원 2019.07.12 2018나86405
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. Summary of the parties' assertion

A. On January 18, 2014, the Plaintiff’s summary of the Plaintiff’s assertion leased KRW 10 million to the Defendant as of February 28, 2014, with the due date set as of February 28, 2014. As such, the Defendant shall pay to the Plaintiff the amount of KRW 10 million and the damages for delay as of March 1, 2014.

B. The gist of the Defendant’s assertion was that the Plaintiff received KRW 10 million from the Plaintiff to the deposit account, and prepared and delivered a loan certificate, and the Plaintiff did not deposit money.

Therefore, there is no fact that the defendant borrowed KRW 10 million from the plaintiff.

2. On January 18, 2014, the Plaintiff and the Defendant prepared a loan certificate (Evidence A No. 1) with the maturity of KRW 10 million as of February 28, 2014, with the Plaintiff, the Defendant, the surety, the surety, the surety, the loan amount of KRW 10 million, and the maturity of the loan amount of KRW 10 million as of February 28, 2014, and there is no dispute between the parties, and the following circumstances revealed by the entire purport of the statement and arguments as to the Plaintiff’s loan Nos. 1, 2, and 4, i.e., the Plaintiff’s specific assertion as to the circumstance and place of lending money to the Defendant, and the situation at the time. ② The Defendant prepared and delivered the loan certificate to the Plaintiff, and prepared and delivered the above loan certificate before receiving the loan certificate, and did not collect it even without receiving the loan money. ③ The Plaintiff brought a lawsuit against the Defendant and the Defendant, and the first instance court rendered a comprehensive decision to grant the Plaintiff’s loan certificate No. 10.

Therefore, the defendant, from March 1, 2014 on the day following the due date for repayment of KRW 10 million, and from March 1, 2014 to April 1, 2018, delivered a copy of the complaint of this case to the defendant, shall promote the lawsuit by 5% per annum under the Civil Act and by the next day to the day of complete payment.

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