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(영문) 인천지방법원부천지원 2020.04.07 2019가단100891
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 120,000,000 and the amount among them

(a) As regards KRW 90,000,000, July 1, 2019

Reasons

1. Determination as to the cause of claim

A. On December 19, 2018, the Plaintiff remitted KRW 30 million to Defendant B’s financial account. At that time, the Defendants around that time with respect to the above KRW 30 million, the loan certificate stating the following (A evidence 1; hereinafter “the first loan certificate”).

(2) The Plaintiff, on December 26, 2018, remitted the amount of KRW 90 million to Defendant B’s financial account on December 26, 2018. The Plaintiff, on December 26, 2018, remitted the amount of KRW 90 million to Defendant B’s financial account.

The Defendants, around January 12, 2019, prepared a loan certificate (No. 4; hereinafter “the second loan certificate of this case”) stating the following contents with respect to KRW 90 million and delivered it to the Plaintiff.

(2) The Plaintiff and Defendant B shall be entitled to refund the amount of KRW KRW 3,00,00,000 as above, March 22, 2019, KRW 30,000,000, KRW 300,000,000. The amount of KRW 12,000,000,000. The amount of KRW 3,000,000,000. The amount of KRW 3,00,00,000,00,000. The amount of KRW 3,00,00,000,00,000,000,00,000,000,000,00,000,00,000,00,00,000

B. As long as the authenticity of a disposition document is recognized, the court shall recognize the existence and content of the declaration of intent as stated in the said statement, unless there is any clear and acceptable counter-proof that denies the content of the statement (see, e.g., Supreme Court Decision 2006Da67602, 67619, Jul. 9, 2009). The first loan certificate of this case, which is a disposition document to which the authenticity is recognized, and the second loan certificate of this case, and the above statements are as follows.

According to the evidence cited in paragraph (1), the Plaintiff loaned KRW 30 million to the Defendants as of January 20, 2019, with the due date set as of January 20, 2019, and ② the Plaintiff set as interest rate of KRW 90 million on the second loan certificate as of the Plaintiff’s interest rate of KRW 12%, and three of the above loan amount.

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