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(영문) 창원지방법원 2017.06.14 2016나4697
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. Won and the Defendant became aware of each other in the multi-level company of New Zealand Co., Ltd. (hereinafter “New Zealand”).

B. On May 4, 2006, the Defendant: (a) stated to the Plaintiff the certificate of borrowing that “I will automatically record the validity of the loan certificate (not later than August 17, 006)” on the date of redemption (hereinafter “the certificate of borrowing of this case”).

[Ground of recognition] A without dispute, Gap's evidence No. 1 (this case's loan certificate No. 1) (this case's loan certificate No. 1) is not written, and it is so forged. However, according to the result of the party appraiser C's fingerprint appraisal by the party appraiser C, the form attached to the loan certificate of this case can be acknowledged as being by the defendant's fingerprints, and as long as it is recognized as being by the defendant that the loan certificate of this case's loan certificate of this case's loan certificate of this case's loan certificate of this case's loan certificate of this case's loan certificate of this case

2. The parties' assertion

A. As stated in the Plaintiff’s assertion on the loan certificate of this case, the Defendant is obligated to pay to the Plaintiff KRW 11,00,000,000 among them, and 4,000,000 was paid to the Plaintiff from New Zealand. As such, the Defendant is obligated to pay the Plaintiff the remainder of KRW 7,00,000 and the delay damages.

B. The Defendant’s argument that New Zealand paid part of the sales amount to the person who introduced a third party and made a registration as a member. Since the Plaintiff was registered as if the Defendant introduced a third party and registered as a member even though the Plaintiff invested KRW 10 million, it is merely a loan certificate prepared by the Plaintiff to confirm that the sales amount between the original and the Defendant was not a person detained by the Defendant.

In addition, the amount stated in the loan certificate is not yet due to the default of New Zealand.

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