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(영문) 대전지방법원 2020.12.23 2019가합1156
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Defendant, as of May 3, 2010, promised to repay KRW 150,000,000 until May 31, 2010 and to fully repay the balance of KRW 450,000,000 until August 15, 2010. The Defendant, as of May 3, 2010, attaching the borrower’s seal impression to the above loan certificate. The Defendant, as of August 15, 2010, as of May 3, 2010.

A. On May 3, 2010, the Defendant, in writing, signed and sealed the loan certificate (hereinafter “the loan certificate of this case”) with the following content as follows. The loan certificate of this case does not indicate who is the obligee.

B. From December 26, 2005 to March 11, 2009, KRW 1,088,600,000 was remitted from the account under the Plaintiff’s name to the account under the Defendant’s name.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion is a creditor on the loan certificate of this case, and the defendant is obligated to pay the plaintiff a loan of KRW 700,000,000 and damages for delay.

B. The Defendant: (a) signed and sealed the instant loan certificate on May 3, 2010; and (b) transferred KRW 1,088,600,000 in total from the Plaintiff’s account under the name of the Defendant from December 26, 2005 to March 11, 2009, prior to the drawing up of the instant loan certificate, to the Plaintiff’s account under the name of the Defendant.

However, according to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, C, the husband of the Plaintiff, applied for a payment order against the Defendant on October 23, 2017, with the Daejeon District Court 2017 teaf24, claiming payment of loans of KRW 700,000,000 on the loan certificate of this case, and delayed payment damages therefor. The above court issued a payment order on October 26, 2017, and issued the payment order on October 26, 2017. The Defendant received the original copy of the above payment order on October 31, 2017 and received the original copy of the above payment order on November 1, 2017, and it is recognized that C withdrawn the application for the payment order of the above payment order on November 10, 2017.

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