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(영문) 전주지방법원 2015.08.19 2014가단41164
대여금
Text

1. The Defendant’s KRW 35,00,000 as well as the Plaintiff’s annual rate of 5% from December 1, 2007 to January 8, 2015, and the following.

Reasons

1. In light of the overall purport of the pleading as to the cause of the claim Gap's evidence Nos. 1 (the defendant does not dispute the authenticity of the loan certificate, and the defendant asserts that the loan certificate is null and void as a false declaration of intent agreed upon; hereinafter "the loan certificate of this case"), as seen in Paragraph 2, the defendant is obligated to pay 35 million won to the plaintiff on September 5, 2007 by November 30, 2007. Thus, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 35,00,000 and the amount of delay damages calculated by the annual rate of 20% as stipulated in the Civil Act from December 1, 2007 to January 8, 2015, the delivery date of the claim of this case and the written application for the cause of the claim of this case, which is the date of delivery of the claim of this case, and 5% per annum from the next day to the date of full payment.

[ insofar as a disposition document is recognized as having been authentic, the court shall recognize the existence and content of its expression of intent as stated in the statement, unless there is any clear and acceptable counter-proof that the contents are denied (see Supreme Court Decision 93Da5456, Oct. 11, 1994). Although the disposition document contains "a certificate" in the disposition document, the plaintiff claims "a contract deposit". However, if the defendant expressed his intention to pay 35 million won to the plaintiff by November 30, 2007 through the loan certificate of this case, it is recognized that the defendant expressed his intent to pay 35 million won to the plaintiff by November 30, 2007.

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