(영문) 서울북부지방법원 2015.01.20 2014나2974

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(영문) 서울북부지방법원 2015.01.20 2014나2974

대여금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. According to the purport (including the fact that there is no dispute) of Gap evidence Nos. 3 through 5 and all pleadings as to the cause of the claim, it can be acknowledged that the plaintiff loaned to the defendant, on October 1, 2003, KRW 53.6 million on the day following the due date, and KRW 5 million on October 27, 2003 by setting the due date as October 29, 2003, respectively.

Defendant’s assertion to the effect that Gap’s evidence No. 4 (Written Evidence) is to pay KRW 35 million, including KRW 18.6 million as stated in Gap’s evidence No. 3 (Supplementary Evidence) and it should not be added to this, because it is not a separate loan certificate. However, Defendant’s assertion does not coincide with the language stated in the above document, and is written “part of the tea evidence” (each of the above statements is written as “part of the tea evidence”).

() If the defendant's assertion is made, it seems that preparing a written statement would be consistent with the empirical rule to recover existing loans or explicitly state the same purport in the written statement, and therefore, the above argument is without merit). According to the above acknowledged facts, the defendant is obligated to pay to the plaintiff 58.6 million won in total of the above loans and damages for delay at each rate of 20% per annum under the Civil Act from October 30, 2003 to July 15, 2013, which is the delivery date of the original copy of the payment order of this case, as claimed by the plaintiff, as requested by the plaintiff, from October 30 to July 15, 2013.

2. The defendant's assertion and judgment

A. First of all, the defendant asserted that he paid the above amount borrowed from the plaintiff as the team leader of the multi-level company around 2003, and the defendant agreed on October 1, 2003 that the amount borrowed from the plaintiff was paid in full as allowances received by the team members. On October 2, 2003, the amount borrowed on October 2, 2003, which was the due date for payment, and agreed to tear the certificate of loan and each letter, and the debt balance at the time of preparing the certificate of loan on October 27, 2003.

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