(영문) 서울중앙지방법원 2015.04.29 2014나62069

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(영문) 서울중앙지방법원 2015.04.29 2014나62069

대여금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 15, 2013, the Plaintiff asserted that the Defendant borrowed KRW 35,00,000 from the Plaintiff on the agreed interest rate of 28.9%, the overdue interest rate of 29%, and the due date of February 20, 2016.

Since the defendant did not pay the principal and interest of the agreement to the plaintiff properly, thereby losing the benefit of the deadline around June 2013, the remaining principal and interest of the loan must be fully repaid.

2. According to the evidence evidence No. 1, as alleged by the Plaintiff, the loan agreement was prepared on February 15, 2013, and the Defendant’s name was written in the loan applicant column for the said agreement, and the Defendant’s seal was affixed thereon.

However, the Defendant asserts that the loan agreement was not concluded on February 15, 2013 with the Plaintiff. As such, the Defendant conspireds with the Defendant on February 15, 2013, and made a loan of KRW 35,00,000 from the Plaintiff by arbitrarily preparing the loan agreement under the name of the Defendant even though the Defendant did not consent, and affixed the Defendant’s seal, and the Defendant received the loan from the Plaintiff; and as a result, the Defendant conspired with C to forge for forging the loan agreement under the name of the Defendant, the Defendant did not have any dispute over the fact that the Defendant was sentenced to imprisonment in January 1, 2014 and August 5, 2015, and the Plaintiff’s assertion that the loan agreement was forged by the above loan agreement was not proven to have been genuine.

3. According to the conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair, and the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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