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(영문) 인천지방법원 2016.06.03 2015가단62004

대여금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts recognized;

(a) On January 21, 2014, D had registered its business under the name of Defendant E and had engaged in construction business using the said name, and around March 2014, D had contracted and continued construction of the Incheon Seo-gu F Ground Building from Defendant B.

B. Around May 2014, D asked the Plaintiff to borrow money under the pretext of using it for the said construction fund. Around May 2014, D was demanded from G, the Plaintiff’s agent, to request the Plaintiff to prepare a loan certificate for Defendant B and Defendant C, the owner of the building, and the Defendant C, the owner of the building, to be a joint user, and was printed in B and E, and issued to the Plaintiff a loan certificate, the seal of which is affixed on each name.

C. Upon receipt of the above loan certificate, the Plaintiff transferred KRW 30 million on May 27, 2014, and KRW 70 million on May 29, 2014 to each of D’s accounts.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, witness G's partial testimony, purport of whole pleadings

2. Determination as to the claim against the defendant B

A. Defendant B, upon drawing up the instant loan certificate, borrowed KRW 100 million from the Plaintiff via D on August 27, 2014, with the maturity of payment fixed on the basis of August 27, 2014, Defendant B is obligated to pay the Plaintiff the loan amount of KRW 100 million and the damages for delay.

B. We examine whether Defendant B borrowed KRW 100 million from the Plaintiff.

Of the evidence No. 1 (Evidences) No. 1, part of the evidence No. 13, and witness G’s testimony to the effect that Defendant B was prepared by Defendant B is difficult to believe it as it is. The circumstance where the copy of Defendant B’s resident registration certificate is attached to the evidence No. 1 is insufficient to acknowledge the authenticity, and there is no other evidence to acknowledge the authenticity. Thus, it is not admissible as evidence.

Furthermore, part of the evidence No. 13, and witness G's testimony to the effect that Defendant B was responsible as a co-user and had D lend money.