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(영문) 대구지방법원 2018.12.05 2018나4534
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. On February 14, 2008, the defendant prepared and rendered the following loan certificates to the plaintiff (hereinafter "the loan certificates of this case").

Amount: The borrower who borrowed the above amount of KRW 5,00,000 2,073,000: The period of borrowing from the defendant on February 14, 2008 to October 14, 2008: The interest rate of borrowing from the defendant on October 14, 2008: 1.5% per month (based on recognition); the statement in Gap evidence 1

2. Determination

A. The plaintiff asserts that the plaintiff, while having been engaged in monetary transactions with the defendant, settled the amount of loans up to February 14, 2008 and repaid by subrogation of the defendant, etc. and received the certificate of loan of this case from the defendant.

The defendant, as of February 1, 2007, arranged all monetary transactions with the plaintiff as of February 1, 2007, and thereafter there was no money transaction with the plaintiff. On February 14, 2008, the defendant asserts that on the ground that on February 14, 2008, the plaintiff found the plaintiff himself and prepared a loan certificate for five million won as of February 14, 2008, the defendant prepared the loan certificate of this case as the plaintiff did not think, and that on the other hand, the money borrowed from the plaintiff in the past was fully repaid prior to the preparation of the loan certificate of this case.

B. As long as the establishment of a disposition document is recognized as authentic, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable counter-proof that denies the contents of the statement.

(see, e.g., Supreme Court Decision 2014Da19776, 19783, Feb. 15, 2017). In light of the following, each of the descriptions stated in subparagraphs 1 through 4 of Article 2014 (see, e.g., Supreme Court Decision 201Da1976, Feb. 15, 201).

Therefore, the Defendant borrowed KRW 7,073,00 in total from the Plaintiff during the loan period from February 14, 2008 to October 14, 2014 at the interest rate of 18% per annum, and thus, the Defendant borrowed KRW 7,073,00 from the Plaintiff to the day of full payment.

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