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(영문) 부산지방법원동부지원 2016.11.30 2015가단21358
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. There has been money transactions between March 2012 and April 2015 regarding the amount exceeding KRW 100 million between the bank account in the Plaintiff’s name and the bank account in the Defendant’s name.

B. During that period, the Plaintiff signed and sealed the certificate of loan that “the Plaintiff borrowed KRW 75 million from the Defendant on July 30, 2014, setting the due date for payment and borrowed KRW 75 million from the Defendant,” and then delivered it to the Defendant.

C. On July 28, 2015, the Plaintiff signed a loan certificate with the effect that “the Plaintiff borrowed KRW 95 million from the Defendant on February 2, 2013, and shall complete payment until October 30, 2015,” and then delivered it to the Defendant.

On October 8, 2015, the Plaintiff prepared a notarial deed of debt repayment contract (hereinafter “notarial deed of this case”) written in the purport that “The Plaintiff shall pay KRW 95 million, which is the sum of KRW 95 million borrowed from the Defendant as of the end of February 2013 and the interest on interest thereon, as of October 25, 2015. In the event that the Defendant delays the repayment of the said money, damages for delay shall be paid at a rate of 6% per annum. In the event that the Defendant fails to immediately perform his/her monetary obligation, it shall be aware that there is no objection even if he/she is subject to compulsory execution.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion was received at the Defendant’s request from the Plaintiff to April 2015, and the Plaintiff sent KRW 85 million out of KRW 125 million, which was remitted from the Defendant to the Defendant from March 2012 to April 2015, to E, and then delivered the repayment amount for repayment of principal and interest on each of the above loans that he received from the Plaintiff, to F. However, even though the Plaintiff merely delivered the repayment amount of principal and interest on the above loans that he received, as a result of a problem in the system operated by D, forced the Defendant’s loss and deception that occurred when D was detained, and thus, the Plaintiff drafted the instant authentic deed.

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