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(영문) 서울고등법원 2017.03.24 2016나2056043

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. On September 19, 1991, the Plaintiff: (a) lent KRW 200 million to the Defendant with “one year after the payment period; (b) 2% of the interest per month (payment on the fifth day of each month); (c) received reimbursement from the Defendant as indicated below.

1.5 million won on December 1, 1992, 9. 9. 4 million won on December 1, 1992; KRW 9. 9 million on December 1, 1992; KRW 9. 3 million on December 14, 1992; KRW 9. 3 million on January 6, 1992; KRW 9. 9 million on December 23, 1992; KRW 9. 9 million on December 13, 1992; KRW 9.4 million on December 3, 1995; KRW 9. 9 million on March 30, 1993; KRW 9.4 million on March 14, 1992; KRW 9.5 million on March 30, 1993; KRW 9. 9.5 million on March 30, 1993; and KRW 9.5 million on September 4, 1993.

B. On July 14, 2014, the Plaintiff filed the instant lawsuit seeking the payment of the instant loan, and issued a written confirmation of facts to the court of first instance, stating “The amount remaining after deducting the amount of the instant loan from the amount of the instant loan, interest rate shall be 24% per annum (section 2), and the above amount shall be paid not later than August 31, 2005, which shall be issued by a clerk.” The Plaintiff submitted to the court of first instance a written confirmation of facts under the name of the Defendant (Evidence 1; hereinafter “instant factual confirmation”) stating “No. 1”) as evidence,” and all letters, including the Defendant’s name, are written by the Plaintiff.

C. During the process of the instant lawsuit, the Defendant filed a complaint against the Plaintiff on the grounds that “the Plaintiff forged the instant confirmation document and applied for the instant payment order along with it.”

On September 16, 2015, the Plaintiff was indicted for forging private documents, uttering of falsified documents, and attempted attempted fraud at the Seoul Central District Court 2015Da5457, and was sentenced to a judgment of conviction for one year from the above court on February 5, 2016.

(e) this;