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(영문) 서울남부지방법원 2017.05.18 2017나99
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. In light of the purport of the whole argument in the statement of evidence No. 2, the defendant, on March 23, 2005, borrowed KRW 30,000,000 from the plaintiff and repaid KRW 5,00,000 on April 27, 2005, and the remainder on June 29, 2005, agreed to pay KRW 1,00,000 each month from June 29, 2005.

2. (A) According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff the above loan amount of KRW 30,000,000 and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 13, 2006 to the date of full payment as the plaintiff seeks.

(B) The defendant's assertion that the defendant did not borrow or have paid 30,000,000 won from the plaintiff. However, as long as a disposition document is deemed to be genuine, the court shall recognize the existence and contents of the declaration by its contents, unless there is any counter-proof that the contents can be denied, so long as the contents of the disposition document are clear and acceptable, the court shall recognize the existence and contents of the declaration. The defendant's assertion has no other evidence to dismiss the probative value of Gap evidence No. 2 which is acknowledged to be the authenticity.

3. The judgment of the court of first instance, which concludes with this conclusion, is justifiable, and thus, the defendant's appeal is dismissed as it is without merit.

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