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(영문) 수원지방법원 2018.12.13 2018나3745

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. The plaintiff asserts that the plaintiff is unable to accept the plaintiff's claim because he/she borrowed money from the defendant under the premise that he/she lent the money stated in the loan certificate as seen below, and the defendant borrowed money from non-resident C.

B. Determination 1) (1) around January 1997, the Defendant: (a) prepared and delivered to the Plaintiff a notarial deed as stated below (hereinafter “the loan certificate of this case”); (b) the Defendant asserted that he was to deliver the loan certificate of this case to C at the seat of the Plaintiff and C on the date of pleadings; and (c) issued the loan certificate of this case to the Plaintiff who was represented by C on behalf of the Plaintiff after the closing of pleadings at the trial. (b) The Plaintiff’s possession of the loan certificate of this case until now may be recognized by taking into account the entirety purport of the pleadings as stated in the evidence No. 1, 45,000,00 won (which is KRW 45,00,000,000) as well as the fact that the Defendant’s above notarial deed was delivered to the Plaintiff on March 25, 995, the amount of KRW 10,000,000 per annum 10,000 per annum 30,000 won per annum 95.