(영문) 수원지방법원여주지원 2019.10.02 2019가단4849

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(영문) 수원지방법원여주지원 2019.10.02 2019가단4849

대여금

Text

1. The defendant shall pay 45,00,000 won to the plaintiff and 12% per annum from June 20, 2019 to the day of complete payment.

Reasons

1. According to the purport of subparagraphs 1 and 2 of the judgment as to the cause of the claim and the purport of the entire pleadings, the Plaintiff may recognize the fact that: (a) during the period from October 30 to October 4, 2016, the Plaintiff paid KRW 50 million to the Defendant; (b) the Defendant received KRW 5 million from the Defendant; and (c) the Defendant borrowed KRW 45 million from the Plaintiff on June 14, 2017, stating that “the Plaintiff borrowed KRW 45 million from the Plaintiff and would make repayment by September 30, 2017” (hereinafter “the instant loan certificate”) and deliver it to the Plaintiff.

According to this, the Defendant is obligated to pay to the Plaintiff the amount of KRW 45 million with 12% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 20, 2019 to the date of full payment, as the Plaintiff seeks.

2. Judgment on the defendant's assertion

A. The summary of the argument was that the Defendant, even though he did not borrow KRW 45 million from the Plaintiff, was involved in the criminal case, and is legally detained, forced the Plaintiff to draw up the instant loan certificate due to coercion.

The Defendant’s declaration of intent stated in the instant loan certificate constitutes a declaration of intent by fraud or duress, and thus, is revoked by the delivery of the instant written reply.

B. According to the evidence stated earlier, the fact that the Plaintiff lent KRW 45 million to the Defendant is sufficiently recognized.

In addition, considering the circumstances and evidence alleged by the defendant, it is insufficient to recognize that the defendant prepared the loan certificate of this case by coercion of the plaintiff, and there is no other evidence to acknowledge it.

The defendant's assertion is not accepted.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

참조조문

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