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(영문) 대구지방법원 2016.12.08 2015가단123747
대여금
Text

1. As to KRW 50,00,000 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff KRW 50,000 from September 13, 200 to December 3, 2015.

Reasons

1. Determination as to loan claims

A. Party’s assertion 1) The Plaintiff loaned KRW 30 million to the Defendant on October 18, 2001, and KRW 20 million on March 25, 2002, respectively, by setting the interest rate on October 18, 2001. The evidence related to the evidence Nos. 1 and 2, which was written by C at the Defendant’s request, although not directly prepared by the Defendant, Defendant C borrowed KRW 30 million on October 18, 2001. There was no fact or fact that Defendant borrowed KRW 20 million on March 25, 2002.

The evidence No. 2 is not prepared by the defendant.

Even if there is any remaining debt, the extinctive prescription has expired.

B. In full view of the following circumstances acknowledged as a whole, comprehensively taking account of the witness C’s testimony as to the authenticity of evidence Nos. 1 and 2, the results of the appraiser D’s writing appraisal, and the overall purport of the arguments, the Defendant’s failure to read the Korean language during the △ Witness’s examination process, and the witness C testified that no evidence Nos. 1 and 2 was prepared, but the identity of the writing as a result of the written appraisal received during the examination process of the witness examination is recognized as identical to the writing Nos. 1 and 2, the witness C did not comply with the order to submit documents to submit documents, the fact that the Defendant borrowed KRW 30 million from the Plaintiff as stated in the evidence No. 1 in that the Defendant did not directly prepare the document, and the fact that the Defendant borrowed KRW 1 and 2 million from the Plaintiff as it was impossible to read and use the Korean language, and thus, the Defendant prepared evidence No. 1 and 2 by the Defendant upon his request.

Therefore, it can be recognized that the Plaintiff lent 30 million won to the Defendant on October 18, 2001 by setting the interest rate of 2%, and 20 million won on March 25, 2002.

C. According to Gap's evidence No. 6 as to the completion of the statute of limitations, according to the defendant's name or his/her or his/her father's E, the defendant's name on January 31, 2006, KRW 400,000 on December 7, 2006, KRW 330,000 on May 8, 2007, and KRW 80,000 on May 207.

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