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(영문) 부산지방법원 동부지원 2017.01.25 2016가단204075
대여금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from May 21, 2016 to the date of full payment.

Reasons

1. Summary of the parties' arguments

A. The Plaintiff asserted that the Plaintiff lent money to the Defendant on September 10, 2009, including lending KRW 4,000,000 to the Defendant for several times until 2013. On June 4, 2013, the Plaintiff received a certificate of loan KRW 100,000,000 from the Defendant.

Therefore, the defendant is obligated to repay the above KRW 100,000 to the plaintiff.

B. The defendant's assertion that the defendant did not borrow KRW 100,000 from the plaintiff.

Rather, there are more money remitted to the Plaintiff by the Defendant.

The loan certificate issued by the defendant to the plaintiff is falsely prepared in order to facilitate the defendant's repayment from the creditors.

2. Determination

A. Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the defendant borrowed money from the plaintiff several times from around 2009 to the plaintiff, and around 2013, the defendant is obligated to pay the plaintiff the loan certificate stating that "the defendant borrowed KRW 100,000,000 from the plaintiff to the plaintiff, and therefore, the defendant promised to pay the above amount to the plaintiff, out of the amount to be repaid at the time of trial C (hereinafter "the loan certificate of this case"). The above facts acknowledged as follows: according to the above facts, the defendant is obligated to pay the loan amount of KRW 100,00,000 and delay damages to the plaintiff, unless there are special circumstances.

B. Determination on the Defendant’s assertion (1) is consistent with the Defendant’s assertion that borrowed money several times from the Plaintiff, but the Defendant’s account exceeds the amount remitted to the Plaintiff.

In addition, it was true that the Defendant prepared the instant loan certificate, but it was prepared in consultation with the Plaintiff to facilitate the recovery of the amount of claims in the lawsuit against C, and it is not an actual burden of such obligations.

(2) If the parties to the determination prepare in writing a disposal document, which is a disposal document, they are not bound to the phrase used in writing, but they are in the depth of the parties.

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