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(영문) 전주지방법원 2019.04.05 2017나10681
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The gist of the cause of the claim is as follows: (a) the Plaintiff lent a total of KRW 13.8 million to the Defendant on nine occasions, and the Defendant is obligated to pay the above loans and damages for delay to the Plaintiff.

[Attachment Table] The amount of temporary loan No. 1 30,00 won on February 8, 2015, 200 won on the date and time loan No. 1 1 50,000 won on February 23, 2015; KRW 1 million on June 7, 2016; KRW 30,000,000 on July 15, 2016; KRW 30,000 on July 31, 2016; KRW 106,00 on October 16, 2016, KRW 106,000 on October 31, 2016; KRW 106,00 on November 24, 2016; and KRW 106,00,000 on June 16, 2015, respectively; and

2. Determination

A. In full view of the following circumstances, as to loans Nos. 1, 6, and 8 as to the loan Nos. 1, 6, and 6, the Plaintiff’s resident registration certificate was concluded as indicated in the No. 1, 6, and 8, and the testimony of the witness C at the trial, and the overall purport of the pleadings, solely based on the fact that the Plaintiff holds the Defendant’s resident registration certificate, it is difficult to view that the Plaintiff and the Defendant entered into a monetary loan agreement as indicated in No.

1) The evidence No. 1 presented by the Plaintiff as evidence is not only deemed to have set the date, place, and amount in the same opportunity on the joint pages, but also appears to have been unilaterally drawn up by the Plaintiff since the Defendant’s signature or seal was not sufficient. (ii) Although the witness C testified that the Plaintiff would withdraw money from a financial institution and lend money to the Defendant, the Plaintiff was unable to submit all relevant financial data, and C’s statement is consistent with the number of times, time, circumstances, etc. while the Plaintiff did not pay money to the Defendant.

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