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(영문) 수원지방법원 2020.05.21 2019나78739
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On April 29, 2009, the Plaintiff asserted that the Plaintiff leased KRW 33 million to the Defendant on July 30, 2009 at the maturity of payment and 20% per annum.

As of July 30, 2018, when calculating the principal and interest of the above loan as of July 30, 2018, the amount of KRW 92.4 million [the interest calculated at the rate of 20% per annum from August 1, 2009 to July 30, 2018, which was after the repayment period] is liable to pay to the Plaintiff delayed damages calculated at the rate of 20% per annum from August 1, 2018 to the date of full payment.

2. The Plaintiff’s certificate Nos. 1 (hereinafter “the loan certificate of this case”) is deemed to have printed the Defendant’s statement that the Defendant borrowed KRW 33 million from the Plaintiff, and the Defendant’s business registration certificate and certificate of personal seal impression are attached. However, the following circumstances, which can be seen by considering the overall purport of the entries and arguments in Gap’s certificate No. 21, No. 21, No. 1, and No. 4, i.e., the loan certificate of this case without the borrower’s writing or signature or seal, and the Defendant’s certificate of personal seal impression attached is issued on February 12, 2009, at considerable intervals from April 29, 2009, the date on which the above loan certificate was issued, and ② the Plaintiff was unable to engage in banking transactions before the loan certificate of this case was issued, and the Plaintiff was not able to engage in loan transactions on behalf of the Defendant, ③ the Plaintiff’s loan of KRW 30,300,000.

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