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(영문) 대전지방법원 2020.10.23 2019나116403
대여금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. On December 21, 2012, the Plaintiff transferred KRW 10 million to the SC Bank account under C’s name.

B. The Defendant borrowed KRW 10 million to the Plaintiff on December 29, 2012.

“The primary certificate of loan (hereinafter referred to as “the primary certificate”) was drawn up and issued.

C. On September 20, 2016, the Defendant borrowed KRW 10 million to the Plaintiff and paid the said money to the Plaintiff until April 30, 2017.

“The second certificate of loan (hereinafter referred to as “the second certificate”) was drawn up and issued.

[Ground for recognition] Unsatisfy

2. The assertion and judgment

A. The allegation that the Plaintiff, at the Defendant’s request, lent KRW 10 million to the Defendant by remitting KRW 10 million to the account in the name of C, and prepared a certificate of KRW 10 million for this, and sought payment of KRW 10 million and delay damages to the Defendant.

In regard to this, the defendant introduced D to the plaintiff, but argued that the above KRW 10 million was lent to D, not the defendant, and that the defendant forced the plaintiff when the mental and physical disorder was not normal due to the ambrick, and that the 1, 2, and 1, 2, were invalid.

B. First of all, given that the effect of the first, second, and second evidence is recognized as genuine, it is recognized that the content of the statement is true, barring any special circumstance.

On the other hand, there is no evidence to acknowledge the circumstances that deny the validity of the first and second documentary evidence as alleged by the Defendant, and the fact that the Plaintiff wired the above KRW 10 million to the account in the name of C is insufficient to admit the Defendant’s assertion that denies the above 10 million loan, and there is no other evidence to acknowledge it.

Ultimately, the Defendant borrowed KRW 10 million from the Plaintiff, and it is recognized that the Defendant promised to repay the loan by April 30, 2017. The Defendant also borrowed KRW 10 million from May 1, 2017, and a copy of the instant complaint from May 1, 2017, following the due date for repayment.

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