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(영문) 의정부지방법원고양지원 2020.01.10 2018가합1162
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The loan of 250 million won for the deposit for the 1st to 5th floor in Gangnam-gu Seoul Metropolitan Government with a basic fact loan certificate, and the deposit for the 200 million won for the 19 April 19, 2008 Goyang-gu Seoul Metropolitan Government D Building EF (W)

A. On April 19, 2008, the Defendant drafted a loan certificate as follows.

B. The Plaintiff added “creditor A (Do Governor) and Seongdong-gu Seoul Metropolitan Government G” at the lower end of the above loan certificate (hereinafter “the loan certificate of this case”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was leased the 1, 2, 3, and 4th (hereinafter “instant building”) of the Gangnam-gu Seoul Metropolitan Government C building in order to use it as the office of the company, and there were circumstances under which it was difficult for the Plaintiff to prepare the lease contract in his own name due to one’s personal reasons. The Defendant prepared the instant loan certificate and delivered it to H, a de facto spouse, a de facto spouse.

H lent KRW 250,00,000 to the Defendant on behalf of the Plaintiff as a deposit for lease, and H was issued the certificate of loan in this case.

Therefore, the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 250,000,000 and damages for delay.

B. The Defendant’s argument that I, a senior family of the Defendant, is necessary to show to the Defendant that I had a her own and a woman living together with the Defendant as if they had a her ability, and prepare and change the contents of the loan certificate of this case, and the Defendant prepared the loan certificate of this case.

The defendant did not borrow money from H or the plaintiff, and did not provide H or the plaintiff with a loan certificate.

3. The judgment of the Plaintiff is recognized as holding the originals of the loan certificate (No. 1), lease agreement (No. 2) and No. 4 (Receipt), but the above recognized facts and the evidence No. 3 through No. 10.

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