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(영문) 인천지방법원 2017.07.07 2016나56793
대여금반환
Text

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.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff lent each of the Defendant a loan of KRW 30 million on March 4, 2013, and KRW 30 million on March 18, 2013, and that the Defendant did not borrow money from the Plaintiff. In response, the Plaintiff asserted that there was no money borrowed from the Plaintiff.

B. According to the evidence Nos. 2 and 4 evidence, the Plaintiff transferred the sum of KRW 30 million to C’s account that was the representative director of the Defendant, KRW 20 million on February 28, 2013, KRW 20 million on March 18, 2013, and KRW 60 million on March 21, 2013, and KRW 30 million on March 28, 2013, and KRW C remitted on February 28, 2013 to the Defendant’s account.

However, in light of the following circumstances acknowledged by the purport of the entire pleadings as to the statements in Gap evidence Nos. 1, 3, 7, 2, 3, and 6 through 8, it is insufficient to recognize that the plaintiff lent KRW 60 million to the defendant only by the above facts of recognition, and there is no other evidence to acknowledge this otherwise.

Therefore, we cannot accept the plaintiff's claim.

1) The Defendant asserts that the stamp image affixed to Gap's Nos. 1 and 3 (j) is not based on the defendant's seal. The above loan certificate is accompanied by "B representative director C of the corporation", and it is recognized that D corporation is a trade name before the defendant changed its trade name to Eul on November 5, 2012. However, there is no evidence to acknowledge that the stamp image attached to the above loan certificate is based on the defendant or D corporation's seal (the above stamp image is not by the defendant or D corporation's corporate seal impression or employee).

) The evidence Nos. 1 and 3 cannot be admitted as evidence because the authenticity is not recognized. 2) The Plaintiff remitted the total amount of KRW 60 million to the account under the name of C, not the Defendant’s name.

3) On March 4, 2013, C issued a promissory note of KRW 30 million to the Plaintiff on March 18, 2013, and written and issued a notarial deed as to each of the said promissory notes. 4) The Plaintiff against C on November 20, 2014.

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