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(영문) 서울중앙지방법원 2017.12.14 2017가단5103736

대여금

Text

1. The Defendant’s KRW 50,000,000 as well as annual 12% from December 15, 201 to June 14, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On December 15, 2011, the Plaintiff deposited KRW 50 million into the account under the name of the Defendant, and the Defendant deposited KRW 30 million out of December 16, 201 into the account under the name of C.

B. On October 8, 2012, the Defendant borrowed KRW 50 million to the Plaintiff as interest rateing to 12% per annum on December 15, 201 and due date on January 31, 2013.

was drawn up and issued a loan certificate to the effect that it is "."

【Uncontentious facts, Gap’s 1, 2, Eul’s 2, 3, and 4

2. The allegations and judgment of the parties

A. The plaintiff asserts that the defendant borrowed the above KRW 50 million from the plaintiff, and that if the plaintiff borrowed the above KRW 50 million to D (one person E) as alleged by the defendant, the defendant asserts that the defendant is liable to pay the above KRW 50 million since the defendant approves the debt by preparing the above loan certificate or takes over the debt overlappingly, and the defendant is also liable to pay the above amount.

The defendant did not borrow money from the plaintiff. However, the plaintiff paid KRW 50 million to the plaintiff and delivered it to the plaintiff's internal son D. The loan certificate is merely a fact that the plaintiff prepared and changed formally after the defendant filed a criminal complaint to the defendant, etc. to cancel the complaint. Thus, the plaintiff cannot respond to the plaintiff's request.

B. Therefore, we first examine whether the Plaintiff lent the above KRW 50 million to the Defendant.

① The Plaintiff deposited KRW 50 million to the Defendant, ② the fact that the Defendant prepared a loan certificate after the date is recognized as seen earlier, and the fact that the Defendant prepared the loan certificate in accordance with the evidence Nos. 3-1 and 2, ③ the Plaintiff demanded the Defendant, the wife of the Defendant, D, and D, etc. to sell the land, etc. located in Kimhae-si at a lower price than the market price on August 2012, the Plaintiff demanded the Defendant, etc. to sell the land, etc. located in Kimhae-si at a lower price. As such, the Plaintiff demanded the Defendant, etc. to enter into a contract at a lower price.