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(영문) 창원지방법원마산지원 2020.02.06 2019가단1735
대여금
Text

1. The Defendant’s KRW 105,00,000 and its amount shall be 15% per annum from March 7, 2019 to May 31, 2019 to the Plaintiff.

Reasons

In addition to the purport of the argument in Gap evidence No. 1, the defendant prepared a written statement stating that if Eul did not pay KRW 230,000,000 to the plaintiff on February 5, 2018, and C did not pay KRW 230,000 to the plaintiff by February 28, 2018, the defendant paid KRW 230,000 to the plaintiff by March 30, 2018, and C did not pay KRW 230,000 to the plaintiff by February 28, 2018, it is recognized that the defendant did not pay KRW 230,000 to the plaintiff by February 28, 2018, and the plaintiff received KRW 125,00,000 from the defendant.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 105,00,000 won (i.e., the above 230,000,000 won - the above 125,000,000 won) and damages for delay calculated at the rate of 12% per annum as stipulated in the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings before Amendment from March 7, 2019 to May 31, 2019, which is the day following the service of the original copy of the payment order in this case sought by the Plaintiff after the above payment period.

In regard to this, the defendant asserted that the above argument is null and void, but there is no legal basis to accept the defendant's above argument, since he was unaware of the fact that he was at the age of 24 years old at the time when the defendant prepared the above statement (Evidence A 1).

(1) The defendant argues that each of the above letters was forged by the defendant's reference D, but there is no evidence to acknowledge it, and even if there is no evidence to prove it, the defendant appears to cooperate in preparing a letter in the name of the defendant.) If so, the plaintiff's claim in this case is reasonable within the above scope of recognition, and it is dismissed as there is no reason.

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