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(영문) 서울중앙지방법원 2017.11.23 2017가단66719
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 123,00,000 and the interest rate of KRW 15% per annum from August 30, 2017 to the date of full payment.

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or may be acknowledged in Gap evidence No. 1 by integrating the whole purport of the pleadings, and there is no counter-proof.

On February 13, 2017, the Plaintiff drawn up a loan certificate with the Defendant as follows.

The creditor of the loan certificate: The amount borrowed by the Defendant: KRW 130 million (130,000,000): The debtor will repay the balance of the loan to the Plaintiff by July 30, 2017, the amount of KRW 123,000,000 (123,000,000): KRW 123,000:0,000,000 to the creditor.

Defendant

2. As long as a judgment on the cause of a claim is recognized to be authentic in its formation, the court shall recognize the existence and content of declaration of intent in accordance with the language and text stated in the relevant disposition document unless there is any clear and acceptable counter-proof as to the denial of the contents of the statement. In a case where there is any difference in the interpretation of a contract between the parties and the parties concerned, the interpretation of the intent expressed in the disposition document is at issue, it shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, motive and circumstance of the agreement, the purpose to be achieved

(2) The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from August 30, 2017 to the date of full payment, which is the day following the day when the copy of the instant complaint was served to the Defendant, as the Plaintiff seeks, according to the foregoing facts of recognition. The Defendant is obligated to pay to the Plaintiff a loan of KRW 123,000,000 from the instant loan certificate to the day of full payment.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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