(영문) 서울서부지방법원 2016.07.22 2015나34110

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(영문) 서울서부지방법원 2016.07.22 2015나34110

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. C is a concern for the operation of a DNA cancer, and in order to prepare 10 million won for the refund of the lease deposit against the Nits, C asked to lend it to the relative defendant.

The defendant's defect that it is difficult for the defendant to prepare a cash receipt against the plaintiff, and C requested the defendant to prepare a cash receipt against the plaintiff.

B. Upon the Plaintiff’s request, the Defendant is obliged to draw up and set up a cash custody certificate for C’s loan obligations to the Plaintiff, and on April 11, 201, “10 million won” is the borrowed amount to be repaid to E as C. As from April 11, 201, as the borrowed amount to be repaid to E.

5. By 20.20., a cash custody certificate (No. 2, hereinafter “the cash custody certificate of this case”) was drawn up to the purport that the amount of interest-free payment is the amount to be made, each letter, B (Defendant), and A (Plaintiff).

C. The Plaintiff holds the original cash custody certificate of this case.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. Determination

A. The plaintiff asserts that since the plaintiff, after drawing up the cash custody certificate of this case, lent KRW 10 million to C, the defendant is obligated to pay the agreed amount pursuant to the above cash custody certificate to the plaintiff.

As to this, the defendant prepared a cash custody certificate of this case and kept it to C, and delivered the cash custody certificate of 10 million won to the plaintiff. The plaintiff asserts that the plaintiff was holding the cash custody certificate of C while in custody and did not lend money to C.

B. The judgment of the court below seems to have agreed to pay the above amount of KRW 10 million lent to C by the plaintiff. As long as such cash custody certificate was prepared and the plaintiff holds it, it is reasonable to deem that the plaintiff paid the above amount to C and received the above cash custody certificate.

On the contrary, the plaintiff shall pay C money.

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