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(영문) 의정부지방법원 2017.03.30 2016가단118509

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from August 26, 2016 to the date of complete payment.

Reasons

1. On September 16, 201, the Plaintiff asserted that, since the Plaintiff lent KRW 40 million to the Defendant via C on September 16, 2011, the Defendant is obligated to pay the Plaintiff a loan of KRW 40 million, the Defendant is also obligated to pay the Plaintiff a loan of KRW 40 million, and even if not, the Defendant took part in forging the loan certificate under the Defendant’s name by deceiving the Plaintiff and deceiving the said KRW 40 million by the Defendant’s parents, the Defendant is obligated to pay the Plaintiff KRW 40 million as compensation for tort.

In light of the fact that there is no certificate of personal seal impression issued on September 16, 201, the loan certificate issued on the loan as of September 16, 201 was not present at this court (the plaintiff alleged that the plaintiff, upon receipt of the certificate of loan from the defendant's mother on September 16, 201, from the defendant's side, the defendant did not return it to the defendant for correction of the loan amount. However, according to the statements in subparagraph 3 and subparagraphs 4 through 7, other loan certificate (the evidence Nos. 4 and 6) is difficult to recognize that the plaintiff lent it to the defendant on or after September 16, 201, since it is difficult to recognize that there is no other certificate of personal seal impression issued on or after September 16, 201, it is difficult to recognize that the plaintiff lent it to the defendant's mother on or after September 16, 201, since it appears that the plaintiff's signature was remitted to the defendant's father, the plaintiff's testimony or evidence No. 16000, 100.

2. The Plaintiff’s remittance of KRW 40 million on May 11, 2012, and KRW 10 million on April 9, 2013.