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(영문) 서울중앙지방법원 2018.03.29 2016나82890

대여금

Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff remitted to Defendant B’s account KRW 5 million on February 3, 2005, ② KRW 8 million on February 25, 2005, ③ KRW 10 million on April 4, 2005, respectively.

B. Around August 3, 2005, Defendant B received KRW 10 million from the Plaintiff on March 26, 2005, and prepared cash receipts stating that the aggregate amount is KRW 41 million.

C. The Plaintiff has three cash custody certificates prepared as follows.

1) On October 20, 2008, the Plaintiff made a promise to pay KRW 0 million on June 20, 2009 on the date of repayment. The Defendants, the borrower, have the cash custody certificate (Evidence A No. 1-1, hereinafter “the cash custody certificate of this case”).

(1) The Defendants’ name and resident registration number are written in the name of Defendant B and C, and the seals of the said Defendants are affixed to Defendant D’s name and side of Defendant D’s name. ② Defendant D’s name and side of Defendant D’s fingerprint is indicated as “ October 20, 2005.” The date of storage is changed, and the seals of Defendant B and C, which are affixed on and around the date of storage, are different from the seals of the said Defendants’ name and side of the said Defendants’ name. (2) The date of payment, on December 30, 2009, is indicated as Defendant D’s name and side, and Defendant D’s resident registration number are indicated as Defendant D’s name and side, and Defendant D’s resident registration number are indicated as Defendant D’s name and side.

② The date of safekeeping was originally stated as “the date of January 20, 2006” and changed to “ January 20, 2003” or “ January 20, 2008.” The portion of the year in which the repayment date was originally stated was crossed out and then the year was later indicated as “the year of 2009” and affixed a seal near the changed date of repayment.