대여금
1. The Defendant (Counterclaim Plaintiff) and the Defendant C jointly and severally with the Plaintiff KRW 50,000,000 and the Defendant (Counterclaim Plaintiff).
1. Main elements;
A. The Plaintiff asserted that the Defendants lent KRW 50 million from April 18, 2008 to April 21, 2008, and sought the return thereof.
As to this, the defendants asserted that the above money was not borrowed or received.
B. As long as the establishment of a disposition document is recognized to be genuine, the court shall recognize the existence and content of the declaration of intent according to the language stated in the disposition document, unless there is any clear and acceptable reflective evidence that denies the contents of the statement. In a case where there is any difference between the parties regarding the interpretation of a contract and the interpretation of the intent expressed in the disposition document is at issue, the court shall reasonably interpret it in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, motive and circumstance of the agreement, the purpose of the agreement, the parties’ genuine intent, etc.
(See Supreme Court Decision 2002Da23482 delivered on June 28, 2002). C.
The following facts can be acknowledged in light of the overall purport of the pleadings in the descriptions of Gap's 6, 7, and Gap's 8-1, and 2.
1) On April 18, 2008, the Defendants drafted a letter of performance (Evidence A6) stating that they borrowed KRW 50 million to the Plaintiff as follows: D A2) Defendant B received KRW 50 million from the Plaintiff on April 21, 2008 as the loan with the above letter of performance (Evidence A7) and attached a certificate of personal seal impression (Evidence A-1) issued on the same day and a certified copy of the resident registration card (Evidence A-2).
The legal principles as seen earlier, as seen earlier, are as follows: (a) the Defendants written a written performance rejection; (b) Defendant B prepared a receipt; and (c) Defendant B transferred KRW 5 million design cost to the Certified Architects E on April 18, 2008 from the Plaintiff’s account; and (d) transferred KRW 6 million to Dong F on April 21, 2008. < Amended by Presidential Decree No. 27818, Oct. 12, 2016>