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(영문) 전주지방법원 2013.06.28 2010가단37174
대여금
Text

1. The defendant (Appointed Party) is the year from July 1, 2006 to June 28, 2013 with respect to KRW 15,00,000 to the plaintiff.

Reasons

1. Determination as to the claim against the defendant (appointed party)

A. On June 9, 2004, the plaintiff asserted that the above defendant borrowed 15 million won at interest rate of 25% per annum and on June 9, 2005, and borrowed 35 million won as the maturity date after March 3, 2000, and borrowed 35 million won as of June 30, 2006 (the evidence No. 1; hereinafter "the loan certificate of this case") to the plaintiff. Thus, the above defendant is obligated to pay the plaintiff the money stated in the purport of the claim in accordance with the above loan certificate.

B. (1) In the instant case where the Plaintiff did not submit materials proving the authenticity of the part signing the Defendant’s signature among the loan certificates of this case, each of the entries in Gap’s No. 4 (including the provisional parcel number circulation) is insufficient to acknowledge the authenticity of the above Defendant’s signature. Thus, it cannot be used as evidence (In full view of the purport of all the arguments in the above evidence and Eul’s No. 2 through No. 4 (including the provisional serial number) as evidence, the above Defendant prepared a loan certificate with the Plaintiff’s principal amount of KRW 15 million around June 9, 2001, but the Plaintiff prepared a new loan certificate with the above Defendant’s name “ around June 9, 2004,” stating that the Plaintiff borrowed KRW 15 million in addition to the above Defendant’s signature certificate and paid back the above KRW 35 million, the Plaintiff’s signature certificate and other similar statement at the time of the above loan investigation institute’s signature and investigation institute’s signature and investigation institute’s signature and investigation.

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