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(영문) 대구지방법원 2016.11.10 2015나16833
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 19, 2003, the Plaintiff lent KRW 26,000,00 to the Defendant.

B. On March 2, 2005, the Plaintiff lent KRW 5,000,000 to the Defendant’s husband C.

C. On March 2, 2005, the Defendant drafted a cash custody certificate (No. 1, hereinafter “the cash custody certificate of this case”) with the following contents on the Plaintiff.

Cash Storage Certificate: daily (10,000,000) worth (10,000) shall be deposited in full.

The interest rate of March 2, 2005 shall be paid at bank interest rate for E-O0 (including KRW 25,000,000,000,000).

The borrower: B; the guarantor: the above amount shall be repaid until June 30, 2007, and if he/she fails to repay, he/she shall be punished under the civil law.

On July 12, 2005, the defendant lent KRW 12,000,00 to C.

E. On January 20, 2009, the Plaintiff drafted each of the following authentic deeds (hereinafter “each of the instant authentic deeds”) between C and C.

1) Notarial deed of debt repayment contract (No. 134 of 2009): The notarial deed of debt repayment contract (No. 132 of 2009) signed by the debtor, the debtor's agent C, the creditor, and the 26,000,000 won of loan as of December 19, 2003: The debtor C, the creditor, the creditor, the 5,000,000 won of loan as of March 2, 2005, and the 12,00,000,000 won of loan as of July 12, 2005, and the remaining principal until the preparation of the notarial deed [based], the facts that there is no dispute over the notarial deed, Gap evidence No. 1, 3-1, 3-4, 400 won of loan as of July 12, 200, the purport of all pleadings and arguments as a whole.

2. The parties' assertion

A. On March 2, 2005, the plaintiff asserted that the plaintiff lent KRW 10,000,000 to the defendant and prepared the cash custody certificate of this case, and the defendant is obligated to repay the loan under the cash custody certificate to the plaintiff.

Loans stated in each notarial deed of this case are separate from loans stated in the cash custody certificate of this case.

B. The defendant's assertion 1 did not borrow from the plaintiff 10,000,000 won on March 2, 2005.

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