beta
(영문) 서울중앙지방법원 2016.07.14 2014가단5323874

대여금

Text

1. The defendant shall pay to the plaintiff KRW 35,006,903 as well as KRW 15,000 among them, from June 4, 2005 to the day of full payment.

Reasons

1. Assertion and determination

A. As to the cause of the claim, Gap evidence Nos. 2-1 and 2 (a separate loan certificate and the seal affixed by the defendant's name are recognized to have been affixed with the seals of the defendant, the defendant's assertion that the plaintiff affixed the defendant's seal on each of the above loan certificates against the defendant's will is not accepted, and there is no evidence to acknowledge it, and the defendant's assertion is not accepted). In addition to the whole arguments in each of the statement No. 4, the plaintiff's statement of No. 17,00,000 won as of March 16, 2004; 20,00,000 won as of December 30, 204; 25,00,000 won as of April 25, 200; 20,000 won as of November 25, 200; 300,000 won as to the principal and interest paid to the plaintiff; and 200,000 won as the principal and interest paid to the plaintiff.

(1) On November 23, 2004, the Plaintiff alleged that the principal of the first loan was KRW 15,500,000, as the Plaintiff additionally lent KRW 500,000 to the Defendant. However, the Plaintiff’s assertion that the first loan was KRW 15,50,000 on the sole basis of the Plaintiff’s evidence No. 4 is difficult to conclude that the said KRW 500,000 was a loan, and even if the said additional loan was a loan, it is difficult to conclude that the said KRW 500,000,000 was a separate claim. Thus, the Plaintiff’s assertion in this part is not accepted).

The defendant's assertion 1) The defendant's assertion 200,000 won was requested by C at the end of 2001 to borrow 20,000 won, and the defendant first prepared the second loan certificate No. 2-2 as to the second loan, and the plaintiff.