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(영문) 서울서부지방법원 2019.01.17 2017나2889

대여금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) A Co., Ltd. (hereinafter “C”) for which the Plaintiff was the representative director

) The Defendant’s family members D Co., Ltd. (hereinafter “D”) operated by the Defendant’s family members

(2) On November 207, 2007, D supplied computers, peripheral devices, etc. and provided the Plaintiff with a loan certificate of November 27, 2007 (hereinafter “the loan certificate of this case”) stating that D would pay the above money by March 31, 2008. < Amended by Presidential Decree No. 20190, Nov. 27, 2007; Presidential Decree No. 20357, Nov. 27, 2007>

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 3 and 6 evidence, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay the plaintiff money as stated in the purport of the claim in accordance with the loan certificate of this case, unless there are special circumstances.

2. Judgment on the defendant's defense

A. The defendant did not borrow the amount stated in the certificate of the loan of this case from the plaintiff. However, at the plaintiff's request, the defendant prepared the certificate of the loan of this case in order to verify the existence of the goods price claim equivalent to the above amount of C with respect to D. Thus, the legal act by the certificate of the loan of this case is invalid as it constitutes a false declaration of conspiracy.

D The fact that the defendant prepared the loan certificate of this case as the D failed to pay the price for the goods to C is as seen earlier.

However, if a disposition document is duly established, the court should recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document unless there is any clear and acceptable reflective evidence that denies the contents of the disposition document. A person who claims that a certain declaration of intent is null and void as a false declaration of intention in collusion must prove the facts constituting the reason. < Amended by Act No. 13370, Jun. 9, 2016; Act No. 14835, Apr. 2, 2017>