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(영문) 인천지방법원 2020.08.12 2018가단261482
대여금
Text

Defendant B’s KRW 33,00,000 and each of the amounts indicated in the attached Table “amount” among the Plaintiff’s KRW 33,00,000 are indicated in the same Table.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

A. In full view of the purport of the entire pleadings as to the statement No. 18 of the judgment as to the cause of the claim, Defendant B borrowed KRW 30 million on August 30, 2018, and deposited KRW 2 million on the 30th of each month.

“Inasmuch as it is recognized that “a certificate of borrowing was prepared to the effect that the content of the instrument is duly established, the court shall recognize the existence and content of the instrument by its content, unless there is any clear and acceptable counter-proof that the content of the instrument is denied (see, e.g., Supreme Court Decision 88Meu2169, Jun. 26, 1990). Thus, Defendant B is obligated to pay KRW 33 million to the Plaintiff, barring any special circumstance.

B. As to Defendant B’s assertion, Defendant B had threatened the Plaintiff and the Plaintiff’s husband at the time of the preparation of the instant loan certificate, and Defendant B agreed to the effect that the total amount repaid under the above circumstances would nullify the loan certificate of this case by mistake without knowing it, which constitutes an expression of intent by coercion or mistake. However, the evidence submitted alone is insufficient to deem that there was coercion by the Plaintiff in the process of the preparation of the instant loan certificate or that Defendant B made the instant loan certificate by mistake, and there is no other evidence to acknowledge it (as to reference materials submitted by the Plaintiff after the conclusion of the pleading, it is recognized that Defendant B sent the letter of intent to wait at laund at 8:00 p.m. on the date of preparation of the instant loan certificate of this case). In addition, Defendant B argued that Defendant B agreed to nullify the loan certificate of this case after the preparation of the instant loan certificate of this case, but there is no other evidence to acknowledge that there was such an agreement.

C. If so, Defendant B shall pay to the Plaintiff KRW 33 million, and the loan certificate of this case is issued.

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