(영문) 부산지방법원 2018.06.07 2017가단333059

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(영문) 부산지방법원 2018.06.07 2017가단333059

대여금

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1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual interest from November 16, 2017 to June 7, 2018, and the following.

Reasons

1. The parties' assertion

A. The defendant is the plaintiff C and D's children.

C around October 201, the Plaintiff stated that “Around October 2011, the Defendant would pay the principal from time to time to time as the principal would be paid with the interest of KRW 1300,000 per month, if the Defendant lent KRW 100,000,000,000, as the need for opening

On December 21, 2011, the Plaintiff received a loan certificate of KRW 100 million from C and D, and deposited KRW 100 million in the account in C’s name.

C and D paid interest of KRW 1.3 million each month by December 20, 2016, but did not pay the principal.

Upon demanding the Plaintiff to repay the principal, C paid the principal to the Defendant who directly used the said money. The Defendant, on January 21, 2016, prepared a loan certificate for KRW 100 million in his/her name and delivered it to the Plaintiff, and entered into a loan for consumption with the Plaintiff.

The defendant is liable for repayment as the borrower, and the defendant's preparation of the loan certificate shall be deemed to include at least the intent to provide a guarantee. Thus, the defendant is obligated to pay the above KRW 100 million and interest to the plaintiff as the borrower or the guarantor.

B. Defendant D, around January 2016, necessary to borrow the amount of KRW 100 million with business funds from the branch and agreed to prepare a loan certificate without stating the name of the creditor to the Defendant, and the Defendant drafted a loan certificate.

D The plaintiff did not demand the repayment and delivered the above loan certificate to the plaintiff, and the defendant did not use the loan amount of KRW 100 million.

The plaintiff does not directly request the defendant to provide the above 100 million won with a loan certificate, a letter, and a security, and the defendant does not do so at the request of the plaintiff, but does not provide each letter and a security.

The defendant is not obligated to pay the above KRW 100 million to the plaintiff and its interest.

2. Determination

(a)where the authenticity of a disposal document can be recognized, the content different from that of the statement; and

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