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(영문) 대구지방법원 2019.12.19 2019나306183

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. According to the overall purport of Gap evidence Nos. 1 and 4 as to the cause of the claim, the plaintiff agreed to lend KRW 10 million to the defendant on February 3, 2005, and remitted KRW 50 million to D's account. On February 5, 2005, the plaintiff and the defendant prepared a loan certificate with the defendant's wife E as the borrower, the defendant as the guarantor, and the above KRW 110 million as the guarantor until March 4, 2005. On February 7, 2005, the plaintiff additionally remitted KRW 60 million to F's account as the defendant's wife, and thereafter, the plaintiff did not repay KRW 110 million to the defendant's above KRW 10,000,000,000,000 to the defendant's account, and the plaintiff may file a complaint against the plaintiff for fraud, and the plaintiff and the defendant may have cancelled the above loan certificate No. 3010,18,201.

Therefore, the Defendant is obligated to pay to the Plaintiff 5% per annum under the Civil Act from July 1, 2014 to October 7, 2018, the service date of the original copy of the instant payment order from July 1, 2014, which is the day following the due date, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. The defendant's assertion is alleged to the purport that the person who remitted the above KRW 110 million to the plaintiff is not the plaintiff's individual but the corporation G operated by the plaintiff. Since G remitted the amount of KRW 110 million to the defendant as the representative director, the defendant did not have an obligation to pay the plaintiff KRW 110 million to the plaintiff. Thus, if the authenticity of the disposition document is recognized, the court shall, in principle, declare its intent as stated in the disposition document, unless there is any counter-proof that it is obvious and acceptable to deny the contents of the statement.