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(영문) 광주고등법원 2018.02.02 2017나178
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The defendant of the purport of the claim shall be 185,000.

Reasons

1. On October 8, 2015, the court of first instance, as to whether an appeal for subsequent completion is lawful, shall serve a copy of the complaint, notice of date for pleading, etc. to the defendant by means of service by public notice, and then serve the original copy of the judgment upon acceptance of the plaintiff's claim on October 8, 2015 by means of service by public notice, and the defendant may not know of the fact that the lawsuit in this case was brought on February 15, 2017, since it is obvious in the record that the defendant filed an appeal on February 15, 2017, within two weeks from the time when he became aware of the fact. Thus, the defendant'

2. Judgment on the merits

A. In full view of the purport of the entire pleadings as to Gap evidence No. 1, it is recognized that the plaintiff lent KRW 185,000,000 to C around 206, and the defendant, who was in a relationship with the above C, agreed with the plaintiff around December 11, 2010, to pay the Plaintiff KRW 185,00,000 as to the above loan by April 20, 201.

B. (1) The defendant asserts that the plaintiff's contract was cancelled since he deceptioned the defendant about the above C's repayment of debt, etc., but there is no evidence to acknowledge the plaintiff's deception.

The above argument is without merit.

(2) The defendant alleged that C performed all of the above loans, but it is not sufficient to recognize the written testimony by the witness C at the trial, and there is no other evidence to acknowledge it.

The above assertion is without merit.

C. Therefore, as the Plaintiff seeks, from April 21, 201, the date following the agreed payment date for KRW 185,000,000 to the Plaintiff, the Defendant claimed payment of interest or delay damages for the period from December 11, 2010, to April 20, 201, which is the agreed payment date, as the Plaintiff seeks from April 21, 201, (the Plaintiff sought payment of interest or delay damages for the period from December 11, 2010, to April 20, 201, but no evidence exists to prove that the Defendant agreed to pay interest, etc. during the agreed payment period) and from July 2, 2015, which is the day following the delivery of a copy of the complaint of

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