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(영문) 서울고등법원 2016.06.01 2013나43118
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. In full view of the purport of Gap evidence No. 3-1 and the entire arguments as to the plaintiff's cause of claim, it is recognized that on April 23, 2012, the defendant prepared and delivered a loan certificate stating that "it is recognized that the defendant borrowed KRW 784,00,000 in the method of deposit through several passbooks and in cash delivery methods over several times during that period (hereinafter "the loan certificate of this case") to the plaintiff."

Thus, the defendant is obligated to pay to the plaintiff the above loan amount of KRW 784 billion and damages for delay, unless there are special circumstances.

2. Judgment on the defendant's defense

A. The defendant's assertion is invalid since the defendant's act of preparing the loan certificate of this case is a false declaration of intent in collusion with the plaintiff.

B. In full view of the following circumstances, Gap evidence 11, Eul evidence 12-1 through 3, Eul evidence 26, Eul evidence 2 through 12, 16 through 18, 20 through 26, 28 through 37, Eul evidence 48, Eul evidence 49-1 through 50, Eul evidence 50, Eul evidence 40 and the testimony of the first instance court witness D (excluding the parts not trusted later), it is reasonable to view the act of preparing the loan of this case as a false declaration in collusion with the plaintiff, and contrary to this, Gap evidence 6, 7-1, Gap evidence 8, 9, 10, Gap evidence 23-1, Gap evidence 25, Gap evidence 27-1, Gap evidence 4-2, Gap evidence 3-1, Eul evidence 4-1, Eul evidence 4-2, Gap evidence 3-1, evidence 3-1, evidence 4-1, evidence 27-1, evidence 27-4, Gap evidence 3-1 and 4-1-1-1, evidence No.

1) The Plaintiff is the International Cooperatives established to promote the rights and interests of the HJ merchants in Songpa-gu Seoul Metropolitan Government (hereinafter “instant Cooperatives”).

The chief director, the senior director, and the chief director.

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