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(영문) 대구지방법원 2015.08.25 2015가단2253
대여금
Text

1. The defendant shall pay 36,00,000 won to the plaintiff and 20% per annum from March 13, 2015 to the day of complete payment.

Reasons

1. According to the Plaintiff’s statement on the Plaintiff’s claim No. 1, the Defendant, on May 19, 2012, prepared a loan certificate stating “36 million won to the Plaintiff, and five million won to C, until February 30, 2013,” and recognized the fact that the Plaintiff gave it to the Plaintiff.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 36,000,000 won and damages for delay calculated at the rate of 20% per annum from March 13, 2015 to the date of full payment after the delivery of a copy of the complaint as sought by the Plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant is liable for the return of the loan certificate, first of all, not the loan, but the money claimed by the Plaintiff is either invested by the Plaintiff to another person or claimed as the time limit money. However, even if the Plaintiff is, the Defendant is obligated to pay the above loan certificate as long as the Defendant has agreed to return it.

B. The defendant asserts that the plaintiff's invalidity due to strong pressure was invalid because the plaintiff, with the husband, found the plaintiff's farm and the house operated by the defendant's husband without nightly, or threatened the plaintiff with verbal abuse by telephone, thereby doing harm to the plaintiff or destroying the farm without preparing the loan certificate.

However, since Eul evidence No. 1 is the text message sent after the preparation of the loan certificate, it cannot be viewed as evidence consistent with the defendant's assertion because it could not affect the preparation of the loan certificate, and there is no other evidence to prove that the loan certificate was drafted by the pressure of the plaintiff or her husband.

C. The Defendant asserted that, as the Defendant transferred to the Plaintiff the claim amounting to eight million won against D, the Defendant repaid the obligation.

However, the obligor's transfer of another obligation in relation to the repayment of obligation to the obligee is a security for the repayment of obligation unless there are special circumstances.

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