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(영문) 인천지방법원 2020.03.27 2019가단7067
대여금
Text

1. The defendant shall pay to the plaintiff KRW 56,60,000 and 5% per annum from March 27, 2019 to March 27, 2020 and the next day.

Reasons

1. Basic facts

A. On August 26, 2007, the Defendant prepared a loan certificate with the following contents (hereinafter “the loan certificate of this case”) and delivered it to the Plaintiff.

In other words, "17 million won"

(C) on December 20, 2007, the due date for the payment of the Promissory Notes (C) above.

B. The Defendant, together with the loan certificate of this case, prepared and delivered to the Plaintiff a letter of payment (hereinafter referred to as “the loan certificate of this case, etc.”) with the following particulars on the same day. In other words, “43.7 million won”

H. by December 30, 2007, undertake to pay in installments the above amounts in this letter.

D Company A ear is called D Company A.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. As long as a judgment on the cause of the claim is recognized to be genuine in its formation, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable counter-proof to deny the contents of the statement.

In a case where there is a different opinion on the interpretation of a contract between the parties and the interpretation of the parties expressed in the disposition document is at issue, the contents of the text, the motive and background leading up to such an agreement, the purpose to be achieved by the agreement, the parties’ genuine intent, etc. shall be comprehensively considered, and

As long as the loan certificate, etc. of this case is recognized as authentic, it is reasonable to view that the defendant bears the obligation to the plaintiff according to the loan certificate, etc. of this case, unless there is any clear and acceptable counter-proof to deny the contents of the statement.

Meanwhile, the Plaintiff was paid 4.1 million won out of the total amount of 60 million won borrowed from the Defendant (=17 million won) (=43.7 million won).

Therefore, the defendant, barring special circumstances, is the sum of the borrowed money to the plaintiff pursuant to the loan certificate of this case.

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