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(영문) 창원지방법원 밀양지원 2018.10.17 2017가단1785

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 5, 2014, the Defendants affixed a loan certificate stating “I swear that I will borrow the above amount and repay the borrowed amount until February 5, 2015” (hereinafter “the instant loan certificate”).

B. The Plaintiff currently holds the loan certificate of this case.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff lent KRW 85 million to D from June 9, 2010 to June 16, 2010, but D did not pay that amount.

Accordingly, while the Plaintiff reviewed the criminal complaint against D, D decided that D would bring the loan certificate of this case to the Plaintiff until February 5, 2015.

Therefore, the defendants may be deemed to have acquired the debt of KRW 85 million against the plaintiff within the limit of KRW 80 million as stipulated in the loan certificate of this case. Thus, the defendants are jointly and severally liable to pay the plaintiff the debt of KRW 80 million, which is the debt acquisition amount of KRW 80 million, and damages for delay.

B. As seen earlier, the Defendants prepared the instant loan certificate, and the Plaintiff possessed the instant loan certificate.

However, the following circumstances, namely, ① the loan certificate of this case does not contain any content on D’s debt obligations or debt assumption, ② the Plaintiff first asserted that “a loan of KRW 85 million to the Defendants on August 5, 2014,” but the Plaintiff changed the claim that “a loan of KRW 85 million to Defendant B on June 9, 2010,” and finally changed the claim as above, without consistency, ③ even if the Plaintiff received the instant loan certificate from D even after having taken account of the criminal complaint against D, the due date set forth in the instant loan certificate of this case was later due and until March 14, 2018.”