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(영문) 의정부지방법원 2019.11.07 2019가단10194
대여금
Text

1. The Plaintiff:

A. Defendant B shall be KRW 20,000,000 and a rate of 12% per annum from September 11, 2019 to the date of full payment.

Reasons

Basic Facts

A. Defendant B prepared and issued a written confirmation (Evidence 1) to the Plaintiff that “The total amount of KRW 80 million is KRW 20 million on April 9, 2018, KRW 40 million on April 13, 2018, and the remainder KRW 20 million on April 13, 2018, and KRW 20 million on the last day.”

B. Defendant B paid 40 million won to the Plaintiff out of the amount stated in the above written confirmation.

C. Meanwhile, Defendant C is the husband of Defendant B.

Defendant C promised to pay to the Plaintiff KRW 20 million out of the balance of the above loan amount of KRW 40 million, and on January 18, 2019, the Plaintiff prepared and issued a loan certificate (Evidence 2) stating that “The Plaintiff shall pay KRW 20 million up to May 10, 2019” (Evidence 2).

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 2, and the facts of the above recognition as to the ground for a claim as to the purport of the entire pleadings, defendant B is obligated to pay to the plaintiff the above loan amount of KRW 20 million, defendant C is obligated to pay damages for delay calculated at the rate of 12% per annum from the day after the date of delivery of a copy of the complaint of this case to the day of full payment.

Judgment on the defendants' assertion

A. As to this, the Defendants asserted that Defendant B did not borrow KRW 80 million from the Plaintiff. However, as long as the formation of the disposal document is deemed to be authentic, the court should recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposal document unless there is any clear and acceptable counter-proof to deny the contents of the written statement. The above evidence of evidence Nos. 1 and 2 as mentioned above is followed and there is no evidence to deny it.

The above assertion by the Defendants is without merit.

B. Furthermore, the Defendants asserted to the effect that the Plaintiff forced or forcibly forced the Plaintiff to prepare the above confirmation document and the loan certificate, but there is no evidence to acknowledge this.

The above assertion by the Defendants is also asserted.

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