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Reasons
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(영문) 서울중앙지방법원 2020.06.12 2019가단5086552
대여금
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1. The Defendant’s KRW 38,840,313 as well as 5% per annum from December 18, 2012 to June 12, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a child of the deceased C (hereinafter “the deceased”) and is a sole heir of the deceased.

B. On December 11, 2007, the Deceased remitted KRW 50,000,000 to the account under the name of the Defendant, and on the same day, the Defendant prepared and issued to the Deceased a certificate of borrowing “Won 50,000,000 won (Won 50,000,000)” with the effect that “The Deceased borrowed the said amount and agreed to repay by December 23, 2007.”

C. On October 16, 2008, the Defendant prepared and delivered to the Deceased a loan certificate stating, “The above amount shall be fixed and paid on November 30, 2008 (Won 50,000,000)” (hereinafter “the loan certificate of this case”).

Meanwhile, at the bottom of the loan certificate of this case, the term “Defendant (B)” is indicated as “Defendant (B) on June 30, 201,” and the date of its preparation is indicated as December 6, 2010.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition and the purport of the entire argument as to the cause of the claim, it is acknowledged that the deceased lent KRW 50,000,00 to the defendant on December 11, 2007 (hereinafter “the loan in this case”), Gap evidence 3, and 4 (the defendant asserted that this part is not the plaintiff in relation to the part indicated “the date of payment” at the bottom of the loan certificate, but according to the court’s entrustment of appraisal with D (Expert E), since it can be recognized that the part entered at the bottom of the loan certificate was directly prepared by the defendant. Thus, according to the whole purport of each statement and all pleadings, the repayment period of the loan in this case was determined on December 23, 2007, which was finally determined on June 30, 201, and the defendant was determined on June 30, 201, the deceased’s sole heir and the deceased’s heir, barring any special circumstances. Thus, barring any special circumstance.

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