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(영문) 인천지방법원 2015.11.18 2015가단52106
차용금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from August 13, 2015 to the day of complete payment.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1’s written evidence and the entire argument as to the cause of the claim, the defendant, on March 2, 2012, stated that “I, on March 2, 2012, borrowed the above amount of KRW 60,000,000 from the Defendant on March 2, 2012, and promised to pay until January 31, 2013,” and further, I can recognize the fact that I prepared and deliver the loan certificate (Evidence No. 1) stating “Defendant (resident registration number and address)” and “I,” and “I,” written and delivered, to the Plaintiff.

As long as a disposition document is deemed to be duly formed, the court shall recognize the existence and content of the expression of intent in accordance with the language and text stated in the disposition document, unless clear and acceptable evidence exists that denies the contents of the statement (see, e.g., Supreme Court Decision 2011Da105867, Apr. 26, 2012). Although the defendant borrowed money from C, he/she borrowed money from C, and C borrowed money again from the plaintiff to the defendant while lending the borrowed money from the plaintiff to the defendant, he/she had the defendant prepare a certificate of borrowing between the plaintiff and the defendant. Since C did not pay the money borrowed from the plaintiff to the defendant in full and paid excessive interest, it is difficult to accept the plaintiff's claim. However, as seen earlier, it is recognized that the defendant prepared the above certificate of borrowing from the plaintiff on March 2, 2012 that the borrower did not receive the certificate of borrowing from the plaintiff, in light of the commercial concept of borrowing, it is reasonable to deem the above certificate of probative value.

Therefore, the Defendant’s KRW 60,00,000 and the following day from August 13, 2015, clearly stating that the delivery day of the original copy of the instant payment order, are 15% per annum as stipulated by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which the Plaintiff seeks.

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