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(영문) 전주지방법원 2014.09.25 2013나7984
대여금
Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

Reasons

1. Facts of recognition;

A. A on June 9, 2004, lent 15,000,000 won to the Defendant at an annual interest rate of 25% per annum and due date of payment on June 9, 2005.

B. On April 24, 2014, A died. At the time, at the time, A’s property heir was the Plaintiff, F, G, and H, the wife, who was the Plaintiff, F, G, and H, but on June 17, 2014, the agreement on the division of inherited property was concluded between the above property heir and the Plaintiff’s heir to inherit the above loan claim against A, and accordingly, the Plaintiff taken over the instant lawsuit.

【In the absence of dispute, the upper part of the document prepared as of June 9, 2004 as of June 2004, which states that the Defendant borrowed KRW 15,00,000 from A as of June 9, 200, and that the Defendant would have to repay KRW 35,00,000 that he borrowed from A after March 3, 2001.

However, although the date of the issuance of the loan certificate is not June 9, 2004 but June 9, 2001, the defendant alleged that the loan certificate was 15,000,000 won, and the fact that the loan certificate was issued by the plaintiff itself can be acknowledged by considering the overall purport of the pleadings as follows: (a) the defendant applied for the payment order of this case along with this document, and filed a complaint with the plaintiff around December 9, 200, with the plaintiff for the charges of forging and uttering private documents, and fraud in litigation; (b) on June 9, 2001, the defendant made a loan of 15,00,000 won with the investigative agency around June 9, 200, stated the loan certificate as the loan certificate and stated the defendant's resident registration number, address, etc., and 300,000,000 won as the loan certificate as the whole; and (c) the defendant changed to 30,000,000 won "."

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