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(영문) 서울중앙지방법원 2015.03.18 2013나44538
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

In full view of the purport of the written evidence No. 1 as to the cause of the claim, the Defendant may acknowledge the fact that it borrowed KRW 20,000,000 from the Plaintiff on February 14, 2012. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 20,000,000 and the damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 28, 2012 to the date of full payment, which is the day following the day when the copy of the instant complaint was served on the Defendant.

The defendant's assertion of false representation of the defendant's assertion of the defendant is a donation of KRW 20 million, which the defendant received from the plaintiff, and it is merely a preparation of a formal loan certificate (Evidence A 1) to the defendant who is engaged in political activities as a preliminary candidate for a National Assembly member at the time to prevent problems such as violation of election law

Therefore, the expression of intent that the defendant borrowed KRW 20 million from the plaintiff constitutes a false declaration of agreement and is null and void in accordance with Article 108 (1) of the Civil Code.

Even if the Defendant borrowed the above KRW 20 million, the Plaintiff expressed his/her intent to exempt the Defendant from the above borrowed money several times.

Judgment

When the authenticity of a disposition document that determines the assertion of false conspiracy is recognized, unless it is recognized that there was an express or implied agreement different from the contents written therein by a reflective document, the court shall recognize the existence and content of the declaration of intent in accordance with the contents of the document, and shall not reject it without any reasonable explanation (see, e.g., Supreme Court Decision 97Da1013, Jan. 21, 2000). In full view of the purport of the entire pleadings in the statement in subparagraph 1, the defendant, who received KRW 20,000 from the plaintiff on February 14, 2012, and received KRW 20,000,000 from the plaintiff, and delivered the certificate of loan directly with the purport of borrowing the money to the plaintiff, and the defendant shall not reject it without any reasonable explanation.

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