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(영문) 부산지방법원 2017.06.22 2016가단67423
대여금
Text

1. The Defendant amounting to KRW 40 million to the Plaintiff and the Plaintiff’s annual rate of 5% from December 16, 2016 to June 22, 2017.

Reasons

1. The fact that the Defendant received KRW 40 million from the Plaintiff on May 19, 2015, and, on November 30, 2015, prepared a loan certificate (hereinafter “the loan certificate of this case”) with the following content to the Plaintiff on November 30, 2015 can be acknowledged either as a dispute between the parties or as a whole by taking into account the purport of the entire pleadings as stated in subparagraph 1.

The borrowed amount of borrowed loan: 40 million won on the date of repayment: Terms and Conditions of borrowing on October 31, 2016

1. Application of the annual interest rate;

2. The interest shall be deposited in the Plaintiff’s account in the form of a national bank (C) per month.

2. The assertion and judgment

A. The summary of the parties’ assertion (1) The Defendant borrowed KRW 40 million from the Plaintiff as the content of the instant loan certificate, and thus, is obligated to repay the loan to the Plaintiff.

(2) On May 19, 2015, the Defendant may incur losses after investing KRW 40 million in a stock gift upon the Defendant’s solicitation. The Defendant did not agree to prepare the instant loan certificate at an intentional level in order to mislead the Plaintiff’s risk, and not to borrow KRW 40 million from the Plaintiff or to take a responsibility for repayment under the law.

B. As long as the authenticity of a disposal document, such as a certificate of borrowing, is recognized, the court shall recognize the existence and content of the declaration of intent by the content as stated therein, unless there is any counter-proof as clear and acceptable to deny the content.

(See Supreme Court Decision 88Meu22169 Decided June 26, 190). In light of the language and text of the loan certificate of this case, namely, the title of the loan certificate of this case is deemed to be “a tea” and the amount of KRW 40 million is deemed to be “a tea,” and the date of repayment is specified specifically, even if the interest rate or interest is not specified, the Defendant would borrow KRW 40 million from the Plaintiff on May 19, 2015 through the loan certificate of this case.

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