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(영문) 춘천지방법원 강릉지원 2018.12.18 2018나30990
대여금
Text

1. The plaintiff's appeal and the defendants' incidental appeal are all dismissed.

2. Costs by an appeal and incidental appeal.

Reasons

1. The fact that Defendant B prepared a loan certificate (No. 1; hereinafter “the loan certificate of this case”) on January 29, 2015 and borrowed KRW 30,000,000 from the Plaintiff on January 29, 2016 without interest agreement, and Defendant C guaranteed the above loan obligation of Defendant B to the Plaintiff on the same day (hereinafter “the loan certificate of this case”); and the fact that Defendant C guaranteed the above loan obligation of Defendant B to the Plaintiff on the same day does not conflict between the parties.

The Defendants, through a written reply issued on September 13, 2017, led to the confession of the above borrowed money through this court on November 29, 2018, and Defendant B, through a preparatory document issued on November 29, 2018, only prepared the certificate of this case to take over the obligations of the Plaintiff, the mother, and did not borrow any separate money based on the loan certificate. However, if Defendant B prepared the above certificate of this case to take over and settle the obligations of the existing borrowed money to the Plaintiff as alleged by the Defendants, it would normally be reasonable to collect the above certificate of borrowed money, but the Defendants did not recover the above certificate of borrowed money. According to each of the statements stated in Articles 10 through 12, the Defendants asserted that the existing borrowed money to the Plaintiff was merely 20 million won, and even if all of the principal and interest were added, it is difficult to acknowledge that the amount of borrowed money was deposited in the account of the Plaintiff’s insufficient evidence to acknowledge that it was deposited in the account of the above bank account.

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