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(영문) 대구지방법원 2019.12.10 2019가단15394
대여금
Text

1. The Defendant’s KRW 60,000,000 as well as 18% per annum from July 27, 2017 to August 27, 2019 to the Plaintiff.

Reasons

1. In full view of the purport of Gap's evidence No. 1 and the whole arguments as to the cause of the claim, the defendant borrowed money from the defendant upon C's request, which was known to the public corporation relationship, on July 26, 2017. It is recognized that C used the loan certificate (hereinafter "the loan certificate of this case") with the following contents as joint and several liability meaning.

Until January 26, 2018: The method of payment on January 26, 2018: the transplant shall be determined at the rate of 1.5% per month, and shall be paid in a lump sum on January 26, 2018.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 60,000,000 won with 18% per annum under the agreement from July 27, 2017 to August 27, 2019, the delivery date of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. On the judgment of the defendant's assertion, the defendant, upon C's request, prepared the certificate of loan of this case with the meaning of security in lending money from the plaintiff. However, since C received reserved money from D and repaid all borrowed money from the plaintiff from D, the defendant is not obligated to pay the plaintiff the amount based on the loan certificate of this case. However, since there is no evidence to acknowledge C's payment of the borrowed money to the plaintiff, it is not acceptable to accept the defendant's assertion.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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