logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.11.11 2015가합1450
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 24, 2007, the Defendant’s sentence C, who is the Defendant, was sentenced to a conviction of two years of suspended execution (the Jeonju District Court 2006Kadan1374) in October for the following criminal facts. The above judgment became final and conclusive on February 4, 2009.

1. On or around December 26, 2001, C received money from the Plaintiff from the Plaintiff to the passbook in the name of the Defendant and acquired money from the Plaintiff, notwithstanding the absence of the intent or ability to repay the money, C makes a false statement that “I will complete the payment of the money in one month if I lend the money in the domestic business as I need to do so.”

2. Around January 27, 2002, around the same month, at C's office located in Seocho-gu Seoul Metropolitan Government Seocho-gu, without authority for the purpose of exercising the right, to repay the daily worth of the people's age to the blank by January 19, 2002, using a black pen.

‘The name of the defendant and D' is written, and the name of the defendant and D is stated, the seal of the defendant prior to his name is stamped, the signature of D is forged, the private document in the name of the defendant and D, and the certificate of cash custody in the name of D is delivered at the seat to E who is not aware of the fact, in other words, as a witness of cash custody that is duly formed;

3. Around January 4, 2002, the Plaintiff received a remittance of KRW 50 million from the Plaintiff to the passbook in the name of the Defendant by means of the foregoing paragraph (1).

2. Determination on loan claims

A. The plaintiff asserts that the right of representation has been granted explicitly to C, and C borrowed KRW 300 million from the plaintiff on February 11, 2005 on the due date set by the plaintiff on February 25, 2005 by using the name of the defendant, and thus, as a monetary loan contract between the plaintiff and the defendant was concluded, the defendant is liable to pay the above borrowed amount of KRW 300 million and delay damages to the plaintiff. Thus, the plaintiff alleged that the above borrowed amount of KRW 300 million and the defendant is liable to pay the above borrowed amount of KRW 10 million as evidence.

arrow