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(영문) 청주지방법원제천지원 2015.10.07 2014가단3333
대여금
Text

1. The Defendant: (a) KRW 19,00,000 for the Plaintiff and KRW 6% per annum from January 21, 2011 to October 7, 2015.

Reasons

According to Gap evidence Nos. 4 and Eul evidence Nos. 5, the defendant prepared and delivered to the plaintiff a certificate of borrowing that "the plaintiff lent KRW 19,00,000 to the defendant on January 20, 2009, interest rate of KRW 6% per annum, and due date for payment as of January 20, 2012." It is recognized that the defendant was paid KRW 19,200,000 to the defendant under the name of the non-party B who was the representative of the plaintiff at the time. The fact that the defendant paid interest to the plaintiff by January 20, 201 does not conflict between the parties.

On the other hand, as long as the formation of a disposal document is recognized as authentic, the court should recognize the existence and content of declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable counter-proof that denies the contents of the written content of the disposal document.

(2) The court below erred by misapprehending the legal principles on the establishment of a conspiracy, thereby exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal. It did not err by misapprehending the legal principles on the establishment of a conspiracy, thereby exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal.

(1) The Plaintiff is obligated to pay to the Plaintiff 19,00,000 won per annum from January 21, 201 to October 7, 2015, which is the following day after the date when the Plaintiff was paid interest, and 6% per annum from the following day to the date when the Plaintiff was paid interest (see, e.g., Supreme Court Decisions 2001Da51626, Nov. 27, 2001; 2005Da39617, Jul. 12, 2007). Accordingly, according to the above facts of recognition, barring any special circumstance, the Plaintiff loaned KRW 19,00 to the Defendant. Therefore, the Defendant is obligated to pay to the Plaintiff 19,00,000 won per annum from January 21, 2011 to the date when the Plaintiff was paid interest.

As to this, the defendant entered into a contract for construction work with the non-party non-party non-party non-party non-party construction company, and the plaintiff would pay 19,000,000 won out of the construction cost to the defendant, and the defendant would be issued a tax invoice under the name of the defendant.

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