beta
(영문) 서울중앙지방법원 2015.09.16 2015가합530664

대여금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 26, 2006, the Plaintiff and the Defendant concluded a monetary loan agreement with the purport that if the Plaintiff lent KRW 2 billion to the Defendant the construction cost of the logistics warehouse C in the wife population C at the time of acceptance by the Plaintiff, the Defendant shall pay 50% of the profits from the sale or lease of the logistics warehouse (hereinafter “instant agreement”).

B. The defendant did not return the above loan amount of KRW 2 billion to the plaintiff up to now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion that the defendant borrowed KRW 2 billion from the plaintiff pursuant to the agreement of this case and newly constructed a logistics center until now, and the above loan has not been repaid despite the plaintiff's demand over several times.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of 2 billion won and damages for delay.

3. The defendant's defense of this case is an unlawful defense that the lawsuit of this case was filed against the non-litigation agreement between the original defendant.

On the other hand, if there is an agreement not to file a lawsuit even if there is a dispute over a specific right or legal relationship, it shall be deemed that there is no benefit in the protection of rights (see, e.g., Supreme Court Decision 92Da21760, May 14, 1993). A certificate of No. 1; and the plaintiff asserted that the plaintiff's name, resident registration number, and address stated in the certificate of No. 1 are not written by the plaintiff, and that the above certificate was forged. However, if the stamp image of the holder of a title deed signed and sealed on a private document is reproduced by his seal, unless there are special circumstances, it is presumed that the authenticity of the stamp image is created, i.e., that the act of signing and sealing was based on the will of the holder of the title deed, and once the authenticity of the stamp image is presumed to have been completed pursuant to Article 358 of the Civil Procedure