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(영문) 부산지방법원 2018.10.12 2018나45268
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 Gap evidence No. 5 as to the cause of the claim, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 16, 2017 to the date of full payment, on September 21, 2016, with the purport of borrowing KRW 10 million from the plaintiff as interest rate of 2.3% per annum (the same interest rate per annum), and on October 25, 2016 as of September 21, 2016.

2. Judgment on the defendant's assertion

A. 1) Determination of the Defendant’s assertion regarding the parties to a contract was made on September 21, 2016 between the Plaintiff and the Defendant, and the Plaintiff and D (C’s agent) visited the Defendant’s office. The Plaintiff again requested that the Defendant lend the said money from the Plaintiff, and D also agreed that it would be received upon the Defendant’s request because it would have repaid the said money only one month. Upon the Plaintiff’s request, the Defendant merely affixed the instant loan certificate, and it did not borrow KRW 10 million from the Plaintiff. 2) The fact that the instant loan certificate was made on September 21, 2016 between the Plaintiff and the Defendant on September 22, 2016, according to the Plaintiff’s evidence No. 3, the Defendant and C set the rental rate of KRW 10 million between the Defendant and C on September 22, 2016; 2.3/10000 per annum 3/20000 per annum 16.25% per annum 16.25% per annum.265% per annum.

However, the evidence submitted by the defendant, such as the statement of Nos. 7 and 9 and the result of the financial transaction information reply to the president of the party-by-case E, shall be based on the loan certificate of this case upon the request of the plaintiff et al.

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