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(영문) 창원지방법원 2016.08.24 2015나9916
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. On August 24, 1997, the plaintiff asserted that he borrowed money from the plaintiff on July 24, 1994. However, even if the plaintiff entered school life and became aware of it on November 1994, it is difficult to believe such assertion. Even if the plaintiff borrowed money from the above domestic time, unless there is any money repaid to the principal except interest, it does not affect the conclusion of the judgment, and it is judged that the defendant borrowed money on August 24, 1997.

The fact that the Defendant lent KRW 10,00,000 to the monthly interest of KRW 200,000 is not disputed between the parties, or the Defendant submitted the document claiming that the loan certificate (Evidence A (Evidence A (Evidence A) was forged after the closing of argument, and the body appears to be the same as the body of the Defendant (see the document of receipt of the second date for pleading on June 29, 2016) in the supplementary reply, and the fact that the loan certificate was prepared and issued on the date on which the above loan certificate was stated is recognized.

The purport of the entry and the entire pleadings can be comprehensively taken into account, and it is the sum of interest titles from the defendant, the sum of 3.4 million won in total from August 1997 to December 1998, and the total of 17 times in total from 1997 to 1998;

The defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery date of the original copy of the payment order of this case sought by the plaintiff after the payment date of the above interest, to the day of full payment from June 24, 2015 to the day of full payment. The defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the day after the delivery date of the original copy of the payment order of this case to the day of full payment.

As to this, the defendant shall pay the principal and interest together from January 200 to December 2001 to the plaintiff after consultation with the plaintiff.

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