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(영문) 춘천지방법원강릉지원 2016.11.08 2016나599
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

The defendant shall pay to the plaintiff KRW 10,000,000 as well as to the plaintiff on January 2015.

Reasons

1. The court of first instance accepted the Plaintiff’s claim for a loan (2 million won) on February 5, 2013 at the court of first instance, and dismissed the Plaintiff’s claim for a loan (10 million won) on August 14, 2013. Since only the Plaintiff appealed, the scope of this court’s trial is limited to the claim for a loan as of August 14, 2013.

2. Facts of recognition;

A. On August 14, 2013, the Defendant prepared a loan certificate with the following content as the Plaintiff:

(B) The following, the Defendant’s seal shall be affixed to the Defendant’s name. The interest received on August 14, 2013 and on November 14, 2013 from the borrowed amount of KRW 10,000,000,000 per day of the borrowed amount shall be calculated on August 14, 2013 as the 14th day of each month on the basis of the amount of principal.

It is the borrowed C printed part.

B is a clerical error in B

C is a part set forth in C.

B is a clerical error in B

(person) The E phone F.E. Doha on August 14, 2013, Gangwon-do resident number D address.

B. The Plaintiff delivered KRW 10 million to the Defendant according to the instant loan certificate.

【Reasons for Recognition】 Entry of Evidence No. 2, and the purport of the whole pleadings

3. The assertion and judgment

A. On August 14, 2013, the Plaintiff lent KRW 10 million to the Defendant at 2% interest rate per month on August 14, 2013. As such, the Defendant is obligated to pay the Plaintiff the agreed interest or delay damages from May 1, 2015, which is the date of payment of the above loan 10 million won and the final interest thereon. (2) The Defendant puts a seal on the loan certificate prepared in advance at the Plaintiff’s request by the Plaintiff’s wife G.

All of the above loans were used by G, and interest was paid by G.

Therefore, the borrower under the above monetary loan contract is G not the defendant.

B. Determination 1 is a matter of interpretation of the intent of the party involved in the contract.

The interpretation of declaration of intention clearly establishes the objective meaning that the parties have given to the act of indication, which is any contract between the parties.

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