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(영문) 대전지방법원천안지원 2016.04.28 2016가단101071

대여금

Text

1. The Defendant’s KRW 95,00,000 for the Plaintiff and 5% per annum for the period from December 21, 2007 to December 30, 2015.

Reasons

1. The defendant, on December 12, 2007, prepared and delivered a loan certificate (the certificate No. 1, 2000,000 won from the plaintiff, December 20, 2007, stating "B on the date on which the loan certificate was due," and "B on the loan certificate" to the plaintiff on December 12, 2007, can be acknowledged as being under dispute between the parties or by the statement of Gap evidence No. 1.

2. As to the defendant's argument, the defendant reversed the plaintiff's receipt of the loan certificate from C while lending KRW 95,00,000 to C according to the defendant's introduction, and the defendant prepares the loan certificate of this case for a limited period of time. Since the plaintiff received the loan certificate from C, the plaintiff thereafter filed the lawsuit of this case on the ground of the loan certificate of this case, although the defendant's obligation to pay the loan loan to the plaintiff was extinguished due to the loan certificate of this case.

Therefore, we cannot find any evidence to acknowledge the above argument of the defendant, and rather, if the plaintiff was issued a certificate of loan from C as alleged by the defendant, and the plaintiff prepared the certificate of loan in this case, such evidence is identical to the certificate of loan in this case.