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(영문) 춘천지방법원강릉지원 2020.08.18 2019나460
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. Determination on the cause of the claim

A. Comprehensively taking account of the respective descriptions in subparagraphs A and 2 and the purport of the entire pleadings, the fact that the Plaintiff remitted KRW 98,000,000 to the Defendant on January 12, 2018, and that the Defendant wired KRW 2,00,000 to the Plaintiff on February 12, 2018, March 12, 2018, and April 13, 2018.

In light of such facts of recognition, the Plaintiff is obligated to pay to the Defendant the interest of KRW 2 million each month on January 12, 2018 and lend KRW 98,00,000 to the Defendant. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the interest calculated at the rate of KRW 98,00,000 and the interest calculated at the rate of KRW 24% each year from July 12, 2018, as sought by the Plaintiff.

B. As to this, the Defendant, rather than the Defendant, borrowed the above money from the Plaintiff, and even if the Plaintiff and the Defendant concluded a monetary lending contract, it is not sufficient to recognize the fact that the Plaintiff and the Defendant concluded the said monetary lending contract on behalf of the Defendant without authority, on the sole basis of the statements in subparagraphs 1 through 3 (including the serial number).

Therefore, the defendant's above assertion is without merit.

2. Conclusion, the plaintiff's claim should be accepted as reasonable.

The judgment of the court of first instance is justifiable in its conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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