대여금
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.
1. The parties’ assertion is the cause of the instant claim. On December 27, 2013, the Defendant lent KRW 6 million to the Defendant, and the Defendant prepared a loan certificate. Accordingly, the Defendant asserted that the Defendant is obligated to return the loan. On this basis, the Defendant did not have the Plaintiff’s office by using the above loan certificate to borrow money from the Plaintiff, and the Plaintiff’s wife C only did not have the Plaintiff and did not borrow money from the Plaintiff. In fact, the Plaintiff did not borrow money from the Plaintiff.
2. Facts of recognition;
A. The Defendant supplied 2,152,00 won from September 17, 2013 to the 23th day of the same month with the Plaintiff, who runs a wholesale and retail business with the trade name of “D”, to the Plaintiff, and had the Plaintiff bear the liability for the payment of the price of other services equivalent to the above amount.
B. On December 27, 2013, the Defendant: (a) regularly borrowed the loan certificate with the following content (hereinafter “the loan certificate in this case”; (b) agreed to repay the loan certificate of KRW 6 million to the Plaintiff by April 30, 2014; and (c) agreed to assume any civil and criminal responsibilities at the time of default: (b) the debtor’s address at KRW 60,000: (c) the resident number at Won-si E203: the FD president was drawn up.
C. On August 5, 2014, the Defendant sent a text message to the Plaintiff, stating that “I will not have the President’s own opinion, and then I will inevitably have all calls at present. If the situation is good, I will first contact. I do not see the failure of the promise, and send a crime.”
On December 16, 2013, the Defendant opened and operated the “H” business from the Human-gun G on the ground that the Defendant was not able to repay his/her obligations on September 14, 2014, and the Plaintiff, on the ground that he/she did not repay his/her obligations, caused disturbance, such as collecting the amount of money from the Plaintiff to the Plaintiff, and the police dispatched the Defendant to H by filing a report with the Defendant 112.
E. On October 22, 2014, the Plaintiff filed a payment order against the Defendant, and indicated in the instant loan certificate.