logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.12.05 2018가단107978
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 2007, the Plaintiff purchased the land of Gyeonggi-gu D (which was divided into E on July 4, 2010; hereinafter “instant land”) from the Defendant’s mother and sold the said land again after performing civil engineering work, and subsequently procured KRW 150 million from F, his father, and then ordered C to do so.

B. Meanwhile, the Plaintiff and C purchased the instant land in the name of the Defendant, and the Defendant completed the registration of ownership transfer on August 22, 2007.

C. On June 18, 2017, the Plaintiff received the loan certificate of KRW 50 million from C and the loan certificate of KRW 150 million (each of the above loan certificates is referred to as the “each of the above loan certificates”). The lender is indicated as the Defendant and the seal of the Defendant is affixed to the name of the Defendant.

After that, the Plaintiff stated on the right side of the copy of each of the above loans “F. F. F. F. F. A”.

On November 4, 2010, between the Plaintiff and F, an assignment contract was concluded between the Plaintiff and F to the effect that “F’s loan claim 200 million won is transferred to the Plaintiff.” At that time, F notified the Defendant.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence (including each number), the witness C's testimony and the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion that the defendant borrowed KRW 200 million from the plaintiff's father F on June 18, 2007 from the plaintiff's father F, and the plaintiff acquired the above claim from F, so the defendant is liable to pay KRW 200 million and delay damages to the plaintiff who is the assignee of the claim.

B. Since C has forged each of the instant loans in the name of the Defendant without the Defendant’s legitimate delegation by the Defendant, the Defendant is not obligated to pay the above loans.

c. Determination Doctrine, and the seal affixed to the document shall be his own seal.

arrow