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(영문) 대전지방법원 2020.07.21 2018나115045
대여금
Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs arising from the Plaintiff’s appeal shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 3, 2001, Defendant B issued to the Plaintiff a cashier’s check with the face value of KRW 50 million, and prepared and delivered the following loan certificates (No. 1-1) to the Plaintiff.

on the date of borrowing: B (Signature) November 3, 2001, 2000,000 won or more;

B. Defendant B completed the registration of the establishment of a neighboring mortgage on November 6, 2001, the maximum debt amount of KRW 50 million, which was received on November 6, 2001 from the Daejeon District Court, No. 35844, with respect to the 417mm2 in Jeju-si, an official city owned by the Plaintiff.

C. Defendant C on June 26, 2007

The following certificates (Evidence A No. 1-2) were prepared and issued to the plaintiff on the back side of the loan certificate (Evidence A 1-1) stated in the port:

(F) A (Signature) on June 26, 2007, confirm that the amount stated on the back side of the Certificate is payable by December 31, 2007 and that no objection is raised to any measure that would not be paid by the due date.

D. Defendant C is above June 26, 2007.

The following certificates (No. 2) were prepared and issued to the Plaintiff at the same time:

Note C (Signature) A on June 26, 2007, confirming that the above amount shall be paid by December 31, 2007, 2000 Won 20,000,000,000

E. The Defendants deposited the following money in the Plaintiff’s husband’s account in the name of her husband F.

C C C C C C B B B B B B C B B / [Grounds for Recognition] Gap 1-5 (including paper numbers, hereinafter the same shall apply), Eul evidence 8, 13, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. On November 3, 2001, the parties asserted that the plaintiff lent KRW 50 million to the defendant B on November 3, 2001, and the defendant C agreed to jointly repay the debt of the defendant B on June 26, 2007. Accordingly, the defendants asserted that the plaintiff purchased the Seo-gu Daejeon Gdong land on November 3, 2001 and paid KRW 50 million as an investment in the business of building construction. 2) November 3, 2001.

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