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Reasons
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(영문) 대구지방법원김천지원 2014.09.17 2012가단5694
대여금
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1. The Plaintiff:

A. Defendant B’s KRW 43,300,000 and for this, KRW 5% per annum from January 1, 2014 to September 17, 2014.

Reasons

1. Basic facts (based on Defendant B);

A. The Plaintiff remitted KRW 44 million to Defendant B on October 22, 2008, and ② KRW 5 million on August 27, 2010. Defendant B remitted KRW 700,000 to the Plaintiff on February 28, 2009.

B. On January 28, 2011, Defendant B drafted a loan agreement with the Plaintiff on October 22, 2008, which was stipulated on December 31, 2013 as the date of repayment, with the remainder of the “detailed date of repayment and amount of repayment” and “interest” as public space, and as the date of repayment, the loan agreement was signed on October 22, 2008 (hereinafter “instant first agreement”).

C. On February 24, 2011, the Plaintiff altered the “payment date” column of the “detailed installment payment date and amount of reimbursement” in the instant contract No. 1 as “1,00,000,000,000, 10,000, 10,000, 10,000,000, 8,300, 300, 300,000, 300,000, 300,000, 300, 300,000, 300, 300,000, 300, 300,000, 300, 300, 300, 300, 300, 000, and 300,000,” and “2” as “interest column.

As above, the Plaintiff was prosecuted for committing a crime that altered the instant contract No. 1 and used it as a request for provisional seizure against Defendant B, and was sentenced to imprisonment with prison labor for six months and for two years of suspended execution at the Daegu District Court on December 26, 2013.

(T) Daegu District Court 2013No104).

A. The Plaintiff remitted to Defendant C KRW 15 million on October 16, 2007, and ② KRW 10 million on October 26, 2007.

B. On March 201, Defendant C drafted a loan agreement in which KRW 25 million was paid to the Plaintiff on May 1, 201, ② KRW 4 million on July 31, 201, ③ KRW 6 million on December 31, 2012, ③ KRW 6 million on December 31, 201, ③ KRW 6 million on December 31, 2013, and ④ KRW 7 million on June 30, 2014 (hereinafter “instant second agreement”).

C. Around August 2012, Defendant C filed a complaint with the Plaintiff on charges of altering private documents, and filed a complaint with D on charges of official approval. On January 31, 2013, the Daegu District Prosecutors’ Office issued a non-prosecution disposition against the Plaintiff and D.

[Ground of recognition] Unsatisfy, and each number shall be included in the case of Gap evidence 1 to 8.

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