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(영문) 광주지방법원 2018.07.11 2017가단30717
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from December 20, 2017 to the date of full payment.

Reasons

1. The fact that, on July 26, 201, the Defendant drafted a certificate of borrowing money (hereinafter “the instant certificate of borrowing”) stating that “the Plaintiff borrowed KRW 100,000,000 from the Plaintiff at interest rate of five percent per annum” (hereinafter “the instant certificate of borrowing”) did not conflict between the parties.

According to the above facts, the defendant agreed to pay the plaintiff the above KRW 100,000,000 as stated in the loan certificate of this case. Thus, the defendant is obligated to pay to the plaintiff 100,000,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 20, 2017 to the date of delivery of the complaint of this case, clearly on the record that it is the day following the delivery date of the complaint of this case.

2. As to the Defendant’s assertion, the Defendant merely formally signed the instant loan certificate at the request of his father C, did not borrow the said money from the Plaintiff, and did not express his intent to repay the said money to the Plaintiff.

As long as a disposal document is recognized as being authentic, the existence and contents of the declaration of intention shall be recognized in accordance with the contents of the document, unless there is any counter-proof as clear and acceptable to deny the contents of the document.

However, since there is no counter-proof by the defendant on this issue, the loan certificate of this case should be interpreted as stated.

The defendant's argument is without merit.

3. According to the conclusion, the plaintiff's claim of this case is accepted for reasons.

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