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(영문) 대전지방법원 2016.01.08 2015나2216

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Basic Facts

The plaintiff and the defendant had a multiple years of money transaction between themselves and their children.

From November 10, 2006 to September 26, 2008, the Plaintiff transferred total amount of KRW 77,100,000 to the N account in the name of the Defendant, i.e., the Agricultural Cooperative Account in the name of the Plaintiff (Account Number K) and the Plaintiff’s J account in the name of the Plaintiff, and the Plaintiff’s H account in the name of H, the Plaintiff’s father, to the Defendant’s seat, M, and the female student of M, as shown in attached Form 1 remittance column.

From January 12, 2007 to January 31, 201, through the Agricultural Cooperative Account (Account Number L), N Post Office Account (Account NumberO), M, Agricultural Cooperative Account (Account Number P) in the name of the Defendant, the Defendant remitted the total amount of KRW 54,560,00 (excluding commission) to the account in the name of husband I, the Plaintiff’s children, and H, the Plaintiff’s father.

Around June 25, 2011, the Defendant prepared and executed a certificate of confirmation (No. 1-3) to the Plaintiff, and around June 25, 2013, the Plaintiff, who found with G, prepared a loan certificate (No. 1-2 of the evidence No. 1-3 of the evidence No. 1-2 of the same Act) to the Plaintiff, who had found the date with G.

(hereinafter) The plaintiff's assertion that Gap's evidence Nos. 1-1 through 3 was lent to the defendant 17,40,000 won in total as stated in the plaintiff's claim Nos. 117,40,000 won as stated in the plaintiff's claim Nos. 117,40,000 won to the defendant as stated in the plaintiff's claim Nos. 117,40,000 won and damages for delay are obligated to pay to the plaintiff 117,40,000 won as well as damages for delay.

The defendant's assertion that the defendant did not borrow money from the plaintiff, as alleged by the plaintiff.

Upon the request of the plaintiff, the defendant has falsely issued each of the loans of this case.

Judgment

As to the probative value of each of the loans in this case, a disposal document generally admitted to have been authentic.