logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.04.17 2017가합402320
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant have a large number of monetary transaction relationships for a considerable period from October 2005 to January 2007.

B. On April 6, 2009, the Plaintiff and the Defendant prepared a written confirmation (hereinafter “instant confirmation”) at the time of settling the said monetary transaction relationship, and the details are as follows.

On April 6, 2009, the Plaintiff and the Defendant made several monetary transactions with cash borrowed and joint investments, and as of April 6, 2009, all monetary transactions with the Defendant-related and his affiliated persons are under the mutual settlement of accounts, and at the present time, they keep two copies of this letter of confirmation for the purpose of the settlement of accounts after checking that only the money relationship was not settled only.

Unsettledd amount (joint investment amount)

1. On May 18, 2006: 500 million won co-investment;

2. On March 29, 2007: Total amount of 600 million joint investment.

C. After that, from June 11, 2009 to November 20, 2009, the attached monetary transaction confirmation note (Evidence A 3) was prepared to confirm that there was an additional monetary transaction relationship between the Plaintiff and the Defendant.

[Ground of recognition] Gap's evidence 2 and 3 (the defendant's evidence Nos. 2 and 3) asserted that each of the above documents was forged because there is no signature or seal on the confirmation column of Gap's letter of confirmation (the evidence No. 2) and monetary transaction confirmation note No. 3). However, Gap's statement No. 1-1, Gap's evidence No. 2, 3, 7, and Eul's statement No. 1-2 and the whole purport of the pleading are taken into account in the whole statement of evidence No. 1-2, i.e., the defendant's signature written in the confirmation column of confirmation (the evidence No. 2)'s statement of confirmation No. 3, and the defendant's signature written in the confirmation column (the evidence No. 7)'s statement of confirmation No. 3 is identical to the plaintiff's name and the body of signature written in the confirmation column of confirmation column (the evidence No. 2).

arrow