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(영문) 서울남부지방법원 2017.11.09 2017가단243185
대여금
Text

1. The defendant shall pay 130,000,000 won to the plaintiff and 25% per annum from June 8, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant signed and sealed the Plaintiff’s signature and seal at the lower end of the loan certificate, and C signed and sealed it as the surety.

The debtor B (the defendant) shall borrow 25% interest rate per annum on June 8, 2017 at 200 million won per annum to the creditor A (the plaintiff) to pay 25% interest rate per annum the above amount of KRW 30 million per annum (the account transfer KRW 30 million and KRW 00 million in cash) by June 30, 2017 on the date of the first repayment, and if he/she becomes aware of the payment by the date, he/she shall agree to immediately implement the special matters under his/her supervision and to make a full payment within the due date.

Special circumstances: The principal shall be paid up to June 30, 2017 on the date of the first repayment, and if the performance is not possible, the principal shall prepare a notarial deed of a loan for consumption instead of the present loan immediately.

The content is to make full payment by July 14:00 on July 7, 2017.

B. On June 8, 2017, KRW 130 million 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 No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. As to the plaintiff's assertion that the above loan amount of KRW 130 million was claimed against the defendant in accordance with the above loan certificate, the defendant asserts that the above amount was actually lent to C, and the above loan certificate agreement is invalid as a false declaration of agreement.

B. As long as the authenticity of the judgment document is recognized, the court shall recognize the existence and content of the declaration of intent in accordance with the contents of the document. The entries in the evidence Nos. 1 and 2 in the document alone are insufficient to recognize that there is a false declaration of intent that “the defendant would borrow KRW 150 million from the plaintiff and repay the borrowed amount to the plaintiff,” or that “the defendant would borrow KRW 150 million from the plaintiff and repay the borrowed amount to the plaintiff,” which is indicated in the above loan certificate,

Therefore, the defendant is worth KRW 130 million to the plaintiff.

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