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(영문) 인천지방법원 2016.01.27 2015나16101
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion asserts that the plaintiff has a duty to pay KRW 20 million to the plaintiff, since he/she lent each of the above KRW 15 million to the defendant, KRW 15 million on October 15, 2007, and KRW 5 million prior to that.

2. Determination

A. The Plaintiff’s lending of money did not conflict between the parties, or comprehensively taking account of the overall purport of the pleadings as to the entries in the evidence Nos. 2 and 3, the Plaintiff transferred KRW 15 million to the account in the name of the Defendant Co., Ltd. on October 15, 2007, and the Defendant prepared and issued a certificate of borrowing to the effect that the Plaintiff borrowed KRW 20 million from the Plaintiff in the name of “C representative director B of the Co., Ltd.” on October 15, 2007, and the Defendant was the Defendant, as the borrower borrowed the above money on the second date for pleading, barring special circumstances, the Defendant is liable to pay KRW 20 million.

B. Defendant’s assertion 1) The Defendant asserts that the above KRW 20 million was already paid, or that the Defendant was included in KRW 300 million, which was written by the Plaintiff on May 12, 2014. 2) The following facts recognized by considering the overall purport of the pleadings as a whole in each of the entries in Gap’s evidence Nos. 4, 5, and Eul’s evidence Nos. 1 through 4 (including additional numbers) are acknowledged.

① On May 12, 2014, the Defendant prepared and issued to the Plaintiff a certificate of borrowing that “The Defendant borrowed KRW 300 million from the Plaintiff, confirmed that the Defendant would repay approximately KRW 1 million, as the circumstances arise from June 10, 2014, and promised to complete repayment by August 31, 2017.”

② On May 26, 2015, the Plaintiff filed a lawsuit against the Defendant for the claim for the payment of loans based on the loan certificate as of May 12, 2014, the lower court rendered a judgment against the Plaintiff on May 26, 2015, stating that “On August 31, 2017, the Defendant would pay to the Plaintiff 30 million won and 5% interest per annum from September 1, 2017 to the date of full payment.”

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