logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.08.30 2017가단246257
대여금
Text

1. The defendant shall pay 40 million won to the plaintiff and 24% per annum from August 25, 2007 to the day of complete payment.

Reasons

1. As to the cause of claim

A. The plaintiff 1) borrowed KRW 30 million from the plaintiff and repaid the loan obligations of Choung Bank under the name of C. In order to prove this, the defendant prepared and issued a certificate of loan with the loan principal (the certificate No. 4-1, hereinafter referred to as "the loan certificate of this case") with the amount of KRW 30 million plus KRW 10 million as the loan principal, and thus, the defendant is obligated to pay the money as stated in the purport of the claim to the plaintiff. 2) The defendant did not have borrowed from the plaintiff, and there is no document prepared the certificate of loan of this case, and the plaintiff did not prepare the certificate of loan of this case and paid the loan obligations of Choung Bank under the name of C with the amount of KRW 30 million.

Afterwards, the defendant stated the above KRW 30 million in D as the plaintiff's funds, so it stated in each letter, and prepared and stated D each letter (No. 8) to D.

B. Fact-finding 1) The loan certificate of this case was drawn up which the Defendant borrowed KRW 40,00,00 on August 25, 2007 with interest rate of KRW 2%, and the due date of repayment on February 30, 2008. An appraiser E sent the result of appraisal that the above “B” on the loan certificate of this case is inevitably feeded by the same person and the same as “B” on the hand of the Defendant and the evidence Nos. 2,5,6,7, and 8, which recognized the fact that the Defendant was written.

3) On June 2008, the Defendant drafted a letter (Evidence No. 8) stating that “APT, under the implementation of the SPT project by the East F, will repay D debt and repay the Plaintiff’s debt upon the occurrence of the PF funds after the approval of the project.” [Evidence No. 4-1, No. 8, 9, and 10 of the evidence for recognition, as a result of the written appraisal by the appraiser E, the purport of the entire pleadings is as follows.

C. Since the name of the defendant, which is recognized as the defendant's writing based on the result of the written appraisal by appraiser E as to whether to borrow 1, is indicated in the loan certificate of this case, the establishment of the authenticity of the loan certificate of this case is presumed, and the plaintiff's loan certificate of this case.

arrow