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(영문) 부산지방법원 2020.01.09 2019나101

대여금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 23, 2017, the Defendant borrowed 4 million won as interest rate of 25% per annum and due date of repayment on August 22, 2017. On the same day, the Defendant, together with the Plaintiff who represented C, drafted a notarial deed of a monetary loan agreement for consumption with a notary public, which was drafted No. 859, in 2017, in relation to a loan for consumption with the said loan, as a deed No. 859, in which the Defendant expressed his/her intent to recognize compulsory execution, including the content of the above agreement.

C. In the instant lawsuit, the Plaintiff: “B (the Defendant’s name)”, “E (the Defendant’s resident registration number); “E”, “4,00,000 (a million won)” in the loan column; and “B” in the main text of “I have obtained a loan from A for a KRW 4,000,000 (a KRW 4,000) from A; from December 5, 2017 to February 4, 2019, I have promised to pay the loan including KRW 2.3% of the loan and statutory interest and 2.3% of the monthly interest,” and on the date of preparation, I have submitted the Defendant’s signature and seal affixed thereon (hereinafter “the loan certificate”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 and the purport of the whole pleadings

2. On December 5, 2017, the Plaintiff asserted that the Plaintiff leased KRW 4 million to the Defendant at a monthly rate of 2.3% and the due date of repayment on February 4, 2019, as indicated in the instant loan certificate. As such, the Defendant is obliged to pay the Plaintiff a loan of KRW 4 million and its delay damages.

3. In a case where there is no dispute between the parties as to the existence of an act of signing, etc. by the principal or by his agent, or where it is proved by other evidence, the entire document is presumed to have been duly formed even in a case where other parts than the signature, etc. are altered or forged by a pen, etc., and thus, the party shall be liable to prove the alteration or the fact of the aforementioned Article on the part of the dispute. < Amended by Presidential Decree No. 14860, Nov. 10, 19