logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원거창지원 2015.11.03 2014가단3752
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On December 16, 2004, the Plaintiff’s summary of the Plaintiff’s assertion determined 1% of interest per month to the Defendant (former name: C) and sought payment of the remainder in addition to the Defendant’s repayment of KRW 300,000,000 on July 7, 2008.

B. (1) As evidence of the Plaintiff’s lending KRW 30 million to the Defendant, there is a loan certificate (Evidence A 1) and a deposit certificate (Evidence A2).

(2) First of all, in the case of a loan certificate, the Defendant’s assertion that the loan certificate is forged, and the loan certificate is not written by the Defendant, and there is no content related to the due date, and most of all, the Defendant’s words “D” among the words “Korea-style seal” in the name of the Defendant (C) is different from the name of “E” used by the Defendant prior to the name of the Defendant. In light of such circumstances, it is difficult to see that the Defendant’s seal is affixed to the loan certificate or it is directly written by the Defendant, and thus,

(3) The following facts are revealed as follows: around December 16, 2004, the Plaintiff deposited KRW 30 million into the bank account under the Defendant’s name on or around 16:45. However, according to the evidence No. 4 and the evidence No. 2, the Plaintiff’s deposit of KRW 30 million in addition to the deposit of KRW 30 million, during the period from December 16, 2004 to December 28, 2004, which was after December 11:37, 2004, KRW 10 million, and KRW 30 million to the Plaintiff on or around 17 December 17, 2004. However, the Plaintiff’s deposit of KRW 4 million to the Defendant on December 28, 2004 without specifying the deposit of KRW 30 million between the Plaintiff and the Plaintiff on December 4, 2004.

(4) Section 3 to 3.

arrow