대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s basic facts are the friendship of the Plaintiff’s Intervenor, and the Defendant was the spouse of the Plaintiff’s Intervenor, but was divorced from the Plaintiff’s Intervenor on February 2013.
On July 6, 2007, the loan certificate (hereinafter “the loan certificate of this case”) was drawn up by the Plaintiff’s assistant intervenor and the Defendant with the content that the Plaintiff lent KRW 25 million each at the lending period of three years (the return up to July 6, 2010), 10.5% per annum (interest rate of 218,750 won per annum). On the same day, the certificate of the loan certificate of this case was drawn up by the notary public No. 3579 of the Ministry of Justice, including the D Law Office (hereinafter “the certificate of this case”).
In the loan certificate of this case, the seal imprint of the Plaintiff’s Intervenor and the Defendant’s seal imprint affixed to the loan certificate of this case, and the certificate of this case was accompanied by each of the Plaintiff’s Intervenor and the Defendant’s (issuance by Proxy).
On the other hand, between January 31, 1996 and August 28, 2006, the date of preparation of the certificate of this case from January 31, 1996, the Plaintiff or the Plaintiff’s husband E’s deposit account of the Plaintiff or the Plaintiff’s husband E with KRW 1,00,000,000, more than 15,000 won, added to the Plaintiff’s Intervenor or the Defendant’s deposit account. On the other hand, approximately KRW 2,292,00,000,000 were transferred from June 9, 2003 to September 20, 2006 to the Plaintiff’s deposit account.
In addition, from January 17, 2008 to July 6, 2009, the sum of KRW 20.6 million was remitted from the Plaintiff’s deposit account to the Plaintiff’s Intervenor or Defendant’s deposit account on six occasions.
[Ground of recognition] Facts without dispute, Gap 1 through 18, Eul 6, the purport of the whole pleadings
2. The Defendant asserted by the Plaintiff and the Plaintiff’s Intervenor issued a seal imprint and a certificate of seal impression to the Plaintiff’s Intervenor who was the Defendant’s wife at the time of drawing up the instant loan certificate or certificate. Even if the Defendant did not consent to drawing up the instant loan certificate or certificate, the Plaintiff is the Plaintiff.