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(영문) 대구지방법원 2018.11.08 2018나1504
대여금
Text

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 facts that there is no dispute between the parties to the judgment on the cause of the claim, each entry in Gap evidence 1 through 6, and the testimony and the whole purport of the pleadings by the witness C of the first instance trial, the Plaintiff may recognize the fact that the Plaintiff loaned the Defendant a total of KRW 10 million on June 2, 2015 and KRW 7 million on June 24, 2015 (i.e., KRW 3 million (i., KRW 7 million) to the Defendant without due date for repayment (hereinafter referred to as “the instant loan”), and thereafter, the Plaintiff urged the Defendant to return the instant loan by July 31, 2017 to the Defendant by August 10, 2017.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 10,00,000 of the principal of the loan in this case and the damages for delay calculated by the rate of 5% per annum prescribed by the Civil Act from August 11, 2017 to September 6, 2017, which is obvious that it is the delivery date of the original copy of the payment order in this case, from August 11, 2017 to the date of delivery of the original copy of the payment order in this case, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of

2. The Defendant’s claim against the Defendant is consistent with the Plaintiff’s receipt of KRW 10 million from the Plaintiff, but the Defendant asserted that, under a contract for the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction of the construction work of the construction of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the

On August 3, 2017, the defendant applied for provisional attachment of the right to claim ownership transfer registration against the third debtor of Jinyeong Construction under the Daegu District Court resident support 2017Kadan5084 on August 3, 2017, Jinyeong Construction Co., Ltd. to the defendant 91,00 the total labor cost (construction cost) of the instant construction.

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