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(영문) 창원지방법원 2020.06.19 2019나1057
대여금
Text

1. Of the judgment of the first instance, as to Defendant B’s KRW 39,648,322 and KRW 24,648,322 among the Plaintiff, the lower court’s judgment on September 1, 2018.

Reasons

1. Basic facts

A. On October 31, 2017, the Plaintiff drafted a loan and loan certificate as of June 23, 2017 to October 31, 2017, paid KRW 27,060,000 to Defendant B as a loan, and Defendant B paid KRW 15,70,000 to the Plaintiff as the repayment, from June 26, 2017 to October 25, 2017.

Defendant B drafted a certificate of borrowing KRW 10,000,000 on October 31, 2017 with the maturity of April 30, 2018 (hereinafter “certificate of borrowing on October 31, 2017”).

At the bottom of the loan certificate, the surety: C, signature, resident registration number, and mobile phone number are stated as several.

B. On November 9, 2017, Defendant B drafted a certificate of borrowing KRW 12,00,000 as of November 9, 2017 (hereinafter “the certificate of borrowing issued as of November 9, 2017”) with the effect that it will be borrowed on April 30, 2018 (hereinafter “the certificate of borrowing issued as of November 9, 2017”); hereinafter “the certificate of borrowing issued as of October 31, 2017 and the certificate of borrowing issued as of November 9, 2017”).

At the bottom of the loan certificate, the surety: C, signature, resident registration number, and mobile phone number are stated as several.

C. On January 31, 2018 and October 31, 2017, the Plaintiff entered the amended amount of loan in the loan as of November 17, 2017 to January 31, 2018, paid KRW 12,950,000 to Defendant B as the name of loan, and Defendant B paid KRW 2,70,000 to the Plaintiff as the name of repayment from November 9, 2017 to January 2, 2018.

On October 31, 2018, the Plaintiff changed the number “1” to “20,000,000,000,” and changed to “20,000,000,000,” among the parts indicated in “10,000,000” on the loan certificate as of October 31, 207.

On April 25, 2018, the Plaintiff paid KRW 15,000,00 to Defendant B from February 20, 2018 to April 25, 2018.

E. From June 23, 2017 to August 31, 2018, the details of loans and repayment between the Plaintiff and the Defendant B are as shown in the separate sheet from June 23, 2017 to August 31, 2018.

[Reasons for Recognition] A. There are no dispute, and evidence Nos. 1, 2, and 5.

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