logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.07.02 2019나3677
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. To borrow a loan of KRW 15,000,000 (15,00,000) for a certificate of recognition;

October 2012, and the payment of interest shall be made for 10 days on October 20, 2012, and shall be made as KRW 200,00.

I promise that (B) his child will be repaid later in the event of default.

Interest Co., Ltd. with 3rd debt B

A. On October 20, 2012, the Plaintiff received the following loan certificates (hereinafter “the instant loan certificates”) from C, and lent KRW 15 million to C.

B. The defendant is a DNA and C's wife.

[Ground of recognition] Evidence No. 1, No. 6, and the whole purport of the pleading

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff lent money to the Defendant, who is his/her father, and the Defendant was also present at the time of preparing a loan certificate.

The defendant is obligated to pay to the plaintiff KRW 15 million.

B. Since there is no evidence to support that the Defendant directly prepared the instant loan certificate, the fact that the aforementioned fact was recognized by the Defendant, along with C, borrowed money from the Plaintiff.

It is insufficient to recognize that the Plaintiff expressed C’s intent to guarantee the borrowed loan obligation, and there is no other evidence to acknowledge otherwise.

If C prepared the instant loan certificate as the legal representative of the Defendant, it is an act contrary to the understanding between C and the Defendant, since the content of the loan certificate bears the guaranteed obligation for C’s loan obligations.

When a person with parental authority, who is a legal representative, commits an act in conflict with a person who is a special representative, he/she shall request the court to appoint a special representative (see Article 921 of the Civil Act). If a person with parental authority, who is not a special representative, commits an act in conflict with this Act on behalf of

C The preparation of the instant loan certificate on behalf of the Defendant is null and void as an unauthorized act. As such, the Defendant does not bear a guaranteed obligation based on the instant loan certificate.

The defendant is the plaintiff.

arrow