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(영문) 인천지방법원 2015.02.12 2013가단44347
대여금
Text

1. The defendant shall pay 60 million won to the plaintiff and 24% per annum from September 14, 2012 to the day of complete payment.

Reasons

The defendant shall prepare a loan certificate of September 14, 2012 (hereinafter referred to as "the loan certificate of this case") stating that "the above amount of 1.2 million won per day (1.2 million won) to A (the plaintiff) shall be changed by April 30, 2013 (the loan certificate of this case) and the plaintiff (the plaintiff shall be referred to as "the loan certificate of this case") and there is no dispute between the parties. Thus, the defendant shall be liable to pay to the plaintiff the amount of 60 million won under the agreement on the loan certificate of this case and the agreed parties and the delayed damages.

The defendant prepared the loan certificate of this case on or around August 2012 for the purpose of a new loan for consumption regardless of past transaction relationship between the defendant and C, and the act of drawing up the loan certificate of this case is a juristic act under the condition of suspending the loan amount, and the plaintiff or C actually did not have paid the money to the defendant, and therefore, it is proved that the condition was not fulfilled. Thus, as to whether the defendant's expression of intent to pay the money based on the loan certificate of this case was an expression of intent on the condition of the payment of new money, it is difficult to believe the witness D's testimony, and if the witness D prepared the loan certificate of this case and presented it to the plaintiff who is the children of Eul around August 20, 201 or around September 2012, the defendant prepared the loan certificate of this case, and prepared the loan certificate of this case, 200 minutes thereafter, and notified the defendant about the fact that the defendant had a debt, 1,000,000 won to the defendant, 1,700,01 evidence or 1.

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