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(영문) 서울중앙지방법원 2020.08.12 2019나49955
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On July 201, the Defendant, even if borrowing money from the Plaintiff, presented the 30 million won number sheet of E issuance without intent or ability to repay the money, and concluded that “If the Plaintiff received this share sheet and lent KRW 20 million to the Plaintiff, it would be repaid without molding the previous payment, including KRW 10 million in default.” The Defendant received 20 million from the Plaintiff and acquired 1,6855,000,000,000,000 won after deducting 3150,000 won from the prepaid interest.

B. On June 7, 2012, the Defendant provided a fake promissory note of KRW 55 million issued by F by G representative director of G representative director of G, a false statement to the effect that “this promissory note is a properly received promissory note. If a promissory note was received and borrowed KRW 10 million, then the Plaintiff would have been repaid KRW 5 million in the last five million in consideration of the loan and interest accrued prior thereto.” The Defendant received KRW 10 million from the Plaintiff and acquired it by defrauded.

At the time, the Defendant prepared a written confirmation to the Plaintiff stating that “I will leave the vehicle registration certificate and the bill of exchange as security and confirm that I will pay this on September 7, 2012,” and stated “I will borrow 1.2 million won in advance,” under the name and contact information of the Defendant in the said written confirmation.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 56.2 million (i.e., KRW 13.5 million (i., KRW 55 million) minus KRW 13.5 million (i.e., KRW 4., KRW 2.7 million from September 8, 2012, the day following the due date for payment of the contract, and KRW 5% per annum prescribed by the Civil Act until March 24, 2015, which is the delivery date of the copy of the instant complaint, and damages for delay calculated by the rate of 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

As to this, the defendant is the original defendant.

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