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(영문) 울산지방법원 2020.12.02 2019가합17313
대여금
Text

The defendant's KRW 430,000,000 and the following are 5% per annum from July 25, 2018 to November 11, 2019 for the plaintiff.

Reasons

1. Basic facts

A. On July 24, 2018, the Defendant drafted a letter of undertaking to the Plaintiff, stating that “The Defendant: (a) recognized that there was KRW 430 million in the debt incurred from October 20, 2013 to July 24, 2018; and (b) recognized that only a part of the interest was paid.”

(hereinafter referred to as “instant commitment”). B.

On the other hand, on December 28, 2018, between the Plaintiff and the Defendant, “the Defendant has a debt of KRW 510,200,000 for the Plaintiff from January 10, 2012 to March 15, 2018, and the Plaintiff prepared a notarized deed of debt payment contract No. 552, 200,000 for each year from January 10, 2019 to February 10, 2040, with the content that “the Defendant has a debt of KRW 510,200,000 for the Plaintiff,” and the Plaintiff prepared a notarized deed of debt payment contract No. 552, 200,000 for each year from March 10, 204 (hereinafter “notarial deed of this case”), and the Plaintiff returned each of the instant deeds to the Defendant around February 13, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 7, 8, 9, 11, and 12, each entry (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. As long as the authenticity of a dispositive document is recognized, the court shall recognize the existence and content of the declaration of intent as stated in the document, unless there is any clear and acceptable counter-proof that the content of the document is denied (see Supreme Court Decision 2010Da76825, Jan. 27, 2011). In order to deny the probative value of a dispositive document recognized as authentic, there must be reasonable grounds to believe that there exists counter-proof or that the content of the document is contrary to the objective truth.

(See Supreme Court Decision 93Da57117 delivered on February 8, 1994). B.

A Certificate No. 1, a copy of the instant commitment, which is a disposal document, and No. 7, which appears to be the original.

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