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(영문) 서울남부지방법원 2019.02.19 2018가단243724
대여금
Text

1. The defendant shall pay 40,000,000 won to each of the plaintiffs and 15% per annum from July 12, 2018 to the day of complete payment.

Reasons

1. According to the purport of Gap evidence No. 1 and all pleadings, it is recognized that the defendant prepared and delivered a certificate of loan (Evidence No. 1) with the purport that he/she will pay 80 million won to the plaintiffs on June 18, 2017 by December 20, 2017, and barring any special circumstance, the defendant is obligated to pay 40 million won and delay damages as stated in the above loan certificate to the plaintiffs.

2. As to this, the defendant prepared and delivered the above loan certificate as a means to release D necessary to meet the loss of investment, and the time to pay the above money to the plaintiffs is more needed. However, as long as the contents of the disposition document are acknowledged to be genuine, the court must recognize the existence and contents of the declaration of intent as stated in its contents unless there is any clear and acceptable counter-proof that the contents are denied. The above circumstance alleged by the defendant does not constitute a justifiable reason to refuse the plaintiffs' claim based on the above loan certificate. Thus, the defendant's above assertion is without merit.

3. Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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