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(영문) 대구지방법원서부지원 2019.07.17 2018가단5960
대여금
Text

1. The Defendant: 4.8% per annum from May 1, 2018 to May 29, 2018 and May 30, 2018 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion 1) The plaintiff asserted that he was liable to pay to the defendant 10 million won on December 20, 2001, and interest or delay damages from May 1, 201, 2000 won on November 29, 2002 to the defendant, who was paid 100,000 won interest (the sum of KRW 100,000 per annum 4.8% per annum for 100,000 won) on the part of the defendant's forest owned by the defendant, and made a cash custody certificate. However, since the defendant did not pay interest on several occasions and did not comply with the promise to pay the principal if the forest owned by the defendant was disposed of, and the defendant did not pay interest or delay damages from May 1, 201, which the plaintiff sought against the above 100,000 won and the defendant did not lose the relation between the defendant's family and the defendant's family due to the cancellation of the legal act or intimidation.

In addition, an agreement to pay money in return for the liquidation of internal relations is null and void by a juristic act with a content contrary to good morals and other social order.

Ultimately, the act of assuming debt based on the said cash custody certificate was null and void or revoked, and the money withdrawn from the Plaintiff’s account at the time of the Plaintiff’s assertion was returned to the Plaintiff and was not lent to the Defendant. Thus, the Defendant did not have a duty to return the loan, such as the purport of the claim, to the Plaintiff.

B. According to the evidence Nos. 1, 3, and 4, the Plaintiff’s account was withdrawn in cash, respectively, from December 20, 2001 to December 20, 2001, and from November 29, 2002.

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