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(영문) 부산고등법원 2016.04.14 2015나2843
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Responsibility for the preparation of a loan certificate;

A. According to the statement in Gap evidence No. 1, the defendant around May 2008, and the loan certificate of this case (hereinafter "the loan certificate of this case") with the following contents:

1.A loan of KRW 120 million and an arrangement shall be made as follows:

2. Date of payment: 12% per annum on May 3, 2009.

4. Method of payment: payment shall be made to the creditor on the 20th day of each month.

5. If not paid by the above date, the "C Loan Certificate on behalf of the borrower," which is an arrangement to assume any civil and criminal responsibility on behalf of the borrower, as a note.

(2) It is recognized that the plaintiff prepared the report and delivered it to the plaintiff.

B. As long as the Defendant prepared the above loan certificate, barring any special circumstance, the Plaintiff is obligated to pay the principal and interest pursuant to the loan certificate of this case to the Plaintiff.

2. The assertion and judgment

A. The party's assertion 1) The plaintiff's husband D and the defendant's husband C are between the plaintiff's husband D and the defendant's husband C established and operated a convalescent hospital from around 2007, and D requested C to prepare a loan certificate on the grounds that it is necessary to raise funds in the F Medical Corporation operated by C around May 2008, and C prepared a loan certificate under the name of the defendant, and the defendant merely borrowed KRW 120 million from the plaintiff, and the above loan certificate constitutes a false declaration of agreement, and thus the above loan certificate is null and void since the defendant borrowed KRW 120 million from the plaintiff.

(2) In the process of operating a hospital at a hospital, around May 2008, the Plaintiff invested KRW 120 million in the costs for purchasing the third floor of the instant building and preserving the deficit of the hospital, and treat the Plaintiff as having lent it to the Defendant, and the Plaintiff prepared the instant loan certificate by mutual agreement between D and C, and the agreement for the liquidation of the same business (hereinafter “instant agreement”).

B At the same time, the Defendant recognized the above debt by including D’s debt on the loan certificate of this case in the debt to be acquired by D.

Therefore, it is true.

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