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(영문) 인천지방법원 2020.12.18 2020나53975
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a person who had a living relationship with D from January 2013 to July 2018, and the Defendant is a child of D.

B. On June 17, 2016, the Defendant received a request from D to entrust the Plaintiff with the Defendant’s seal imprint and the certificate of seal imprint, and issued the Plaintiff with the seal imprint and the certificate of seal imprint on the same day.

C. On June 18, 2016, the Plaintiff prepared a certificate of borrowed money (No. 1; hereinafter “the certificate of borrowed money”) with the following contents as follows, and affixed the Defendant’s seal imprint on the name of the Defendant.

The following agreements shall be made by borrowing the above amount of 30,000,000,000,000,000,000,000:

1. Date of repayment: By July 20, 2016;

2. Interest: 300,000 won; and

3. Payment of interest and method of repayment: It shall be redeemed in lump sum at the address (or place of business) of the creditor on July 17, 2016;

(hereinafter omitted) 【Ground for Recognition】 without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence No. 2-1, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Plaintiff 1) received a request for a loan from D and demanded D to prepare a loan certificate under the name of the Defendant. Accordingly, D had the Plaintiff prepare a loan certificate with a seal imprint certificate and a certificate of personal seal impression received from the Defendant, and the Plaintiff accordingly prepared the loan certificate of this case with a seal imprint certificate received from the Defendant. Accordingly, the Defendant is obligated to pay the Plaintiff KRW 30,000,000 as stated in the loan certificate of this case and delay damages. 2) Even if the Defendant did not grant D the right of representation for the preparation of the loan certificate of this case, even if the Defendant did not grant D the right of representation for the preparation of the loan certificate of this case, the Defendant had D keep the seal imprint certificate and the certificate of personal seal impression, thereby inducing the Plaintiff to have a substitute relationship between the Defendant and D, the Defendant is liable for expressive representation

B. The defendant needs to confirm the possibility of lending from the defendant D in the name of the defendant.

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