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(영문) 대전지방법원 2016.08.19 2016나2411
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff married with the Defendant, but divorced on July 19, 2005. On February 1, 2011, the Plaintiff married with the Defendant again, but divorced on September 11, 2012.

B. On July 26, 2005, the defendant issued and delivered to the plaintiff one promissory note with a face value of 8,530,000 won, issue date of July 26, 2005, one promissory note with a face value of 10,000,000 won, issue date of July 26, 2005, one promissory note with a maturity of 10,000,000 won, and one promissory note with a maturity of July 26, 2005, and the due date of September 30, 2005 (the total two promissory notes; hereinafter "the Promissory Notes of this case"), and on the same day, a notary public with a face value of 10,00,000,00 won, which constitutes a face value of 10,000,000 won, and issued to the plaintiff with a notarial deed containing the purport that the law firm approves the compulsory execution on the bonds under the same certificate as 1073.

[Ground of recognition] The items of evidence Nos. 1-1, 2, 2, and 4, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. On July 26, 2005, the Plaintiff asserted that the Plaintiff lent KRW 18,530,000 in cash for business purposes to the Defendant. Of these, the Defendant agreed to pay KRW 8,530,000 until August 30, 2005, KRW 10,000,000 until September 30, 2005, the Plaintiff issued the instant promissory note to the Plaintiff to secure the payment of the said borrowed amount, and written a certified promissory note.

Therefore, the Defendant is obligated to pay the Plaintiff the above loan 18,530,000 won and damages for delay.

B. The Defendant’s assertion 1) did not have borrowed KRW 18,530,00 from the Plaintiff, and the Promissory Notes in this case issued without any cause upon the Plaintiff’s request by issuing a promissory note as necessary for the Plaintiff to lend funds. Thus, the Defendant is not obligated to pay KRW 18,530,000 to the Plaintiff. In addition, even if the Defendant borrowed the said money from the Plaintiff, even if there was a fact that the Defendant borrowed the money from the Plaintiff, the Defendant either the Defendant or the Defendant, or C, from May 201 to September 2013.

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