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(영문) 대구지방법원 2016.11.10 2015나17041

대여금

Text

1. Of the judgment of the court of first instance, KRW 86,364,214 against the Plaintiff as to the Defendant and its related amount, from March 31, 2015 to November 10, 2016.

Reasons

1. Determination on the request for loans

(a) Basic facts;

A. The Plaintiff was an insurance solicitor in the ING Bio-resources, and the Defendant was the head of D’s team, to which the Plaintiff belonged, and worked together from November 201.

B. The Defendant’s date of preparation on May 31, 2013 to the Plaintiff: (i) the date of publication; (ii) August 21, 2012; and (iii) the same year to the Plaintiff.

9. On November 27, 199 of the same year, the loan certificate of KRW 3,00, each of which was due on May 31, 2013 (the date for drawing up the loan certificate of KRW 1,00, the date for drawing up the loan certificate of KRW 2, the date for drawing up the loan certificate of KRW 2, the date for drawing up the loan certificate of KRW 2, the date for drawing up the loan certificate of KRW 4, the loan certificate of KRW 1, 2, and 3, the loan certificate of this case "each of the loan certificates of this case").

C. On June 5, 2013, the Plaintiff received KRW 30 million from the Defendant and reversed the separate loan certificate.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 6 (if there are provisional numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

B. As long as the authenticity of the judgment document on the cause of the claim is recognized, the court shall reasonably interpret the objective meaning that the party gave to the act of indication in writing, regardless of the party’s internal intent, and in this case, if the objective meaning of the text is clear, the court shall recognize the existence and content of the declaration of intent in accordance with the language stated in the disposition document, unless there is any clear and acceptable counter-proof that the contents can be denied.

(see, e.g., Supreme Court Decision 2013Da57122, Sept. 4, 2014). According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the amount of each of the instant loan certificates KRW 90 million and delay damages therefrom, barring any special circumstance.

C. The defendant's decision on the plaintiff's assertion of false representation of conspiracy 1 is that the plaintiff requested preparation of each of the loan certificates of this case when the plaintiff shows a place to the defendant and prepares a false statement to the plaintiff. Thus, the plaintiff's declaration of intention of the loan certificate of this case is expressed.