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(영문) 부산지방법원 2019.01.25 2018가단1144
대여금
Text

1. The defendant shall pay 50 million won to the plaintiff and 15% per annum from February 7, 2018 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. Upon the request of the Defendant on December 24, 2015, the Plaintiff loaned KRW 50 million to the Defendant at the request of the Defendant on December 24, 2015, and the Plaintiff thereafter notified the Defendant of the return of the above loan around August 2017, the Plaintiff can be recognized by the purport of the entire entries and arguments as stated in subparagraphs 1, 2, 5, 6-1, 6-2, 7-1, 7-2, and 7-2.

The defendant, on December 17, 2018, stated the reference document as of December 21, 2018 to the effect that "the defendant, after borrowing KRW 50 million from the plaintiff, prepared to repay to the plaintiff" and the preparatory document as of December 17, 2018, stating "if the plaintiff transferred KRW 50 million to the defendant on December 24, 2015, it shall not be deemed that the defendant immediately borrowed the above money from the plaintiff on December 21, 2018." The confession binding under Article 288 of the Civil Procedure Act is limited to a confession at the court date. The confession at court refers to a statement of fact unfavorable to himself, consistent with the allegations of the other party on the date for pleading or preparatory date for pleading, and it shall be deemed that only the confession or statement should be made at the date for pleading or preparatory date for pleading, and thus, it shall not be deemed that the defendant made a statement from the plaintiff on December 24, 2018 to the date for pleading as stated in the above statement."

B. Therefore, barring any special circumstance, the Defendant’s loan amounting to KRW 50 million to the Plaintiff and the Defendant’s loan amounting to this.

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