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(영문) 수원지방법원 2014.10.30 2013가단38523
대여금
Text

1. The defendant shall pay 26,00,000 won to the plaintiff and 24% per annum from April 1, 2003 to the day of complete payment.

Reasons

1. The authenticity of the document is presumed to be established, since there is no dispute between the parties that the stamp image affixed on the defendant's name is based on the seal of the defendant, and since C and D is awarded real estate under the defendant's name, the defendant's seal imprint is affixed to the defendant's seal imprint without the defendant's consent, and thus it cannot be used as evidence. However, the evidence submitted by the defendant alone is insufficient to acknowledge that C and D couple affixed the defendant's seal without the defendant's consent, and there is no other evidence to acknowledge it. Thus, in full view of the purport of the whole argument, the defendant's above assertion is not acceptable. In full view of the purport of the whole argument, the fact that the plaintiff lent 26 million won to the defendant on January 9, 2003 as interest rate (24% per annum) and March 31, 2003.

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff 26,000,000 won with the above borrowed principal and damages for delay calculated at the rate of 24% per annum, which is the agreed interest rate from April 1, 2003 to the date of full payment, as requested by the plaintiff, unless there are special circumstances.

3. The defendant's assertion is asserted that C paid KRW 10 million out of the borrowed money of this case to the plaintiff, but the evidence submitted by the defendant alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, the above argument is not accepted.

4. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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