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(영문) 울산지방법원 2016.01.22 2015가단12412
대여금
Text

1. The Defendant: (a) KRW 49,00,000 for the Plaintiff and KRW 20% per annum from May 7, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The defendant is the father and mother of the plaintiff.

B. On March 6, 2008, the Plaintiff stated the following purport, and holds the following certificate of tea (a evidence No. 1; hereinafter referred to as the “certificate of tea”) as of March 6, 2008, on which the Defendant’s name was written and signed.

- The above amount was received from A, as the daily gold-gu million won. Certification is made.

B [Grounds for Recognition] The borrower’s non-contentious facts, Gap’s evidence, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s major assertion (1) The Plaintiff lent 49 million won to the Defendant, and related to this, the Plaintiff was issued and delivered the instant loan certificate by the Defendant.

The defendant is obligated to pay the principal and interest of the loan to the plaintiff.

(2) The Defendant asserted that he did not borrow money from the Plaintiff, and that he could not lend it in light of the Plaintiff’s economic ability and circumstances.

The loan certificate of this case is forged.

In addition, the defendant is not able to submit data on the details of transfer of loans.

The defendant has no reason to respond to the plaintiff's request.

B. According to the result of the written appraisal of a short appraiser C, it is presumed that the Defendant prepared the instant loan certificate, since the completion of the instant loan certificate is recognized as the fact that the Defendant’s completion of the loan certificate is recognized.

Where a contract is prepared in writing between the parties to a contract as a disposal document, and the objective meaning of the language is clear, barring special circumstances, the existence and content of the expression of intent shall be recognized. In a case where a significant impact on the legal relationship between the parties by interpreting differently from the objective meaning of the language, the contents of the language shall be more strictly interpreted.

(see, e.g., Supreme Court Decision 2012Da64253, Oct. 15, 2015). The purport of the instant loan certificate, which constitutes a disposal document between the original Defendant, is “the Defendant.”

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