logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.11.22 2017나14928
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On September 26, 2005, the Defendant prepared a loan certificate stating that “the Defendant borrowed KRW 9,600,000 from the Plaintiff as of September 201, 201” to the Plaintiff (hereinafter “the instant loan certificate”).

B. The Defendant paid KRW 2,00,000,000 to the Plaintiff on January 18, 2012, and KRW 3,000,00 on August 1, 2017.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion 1) The Plaintiff lent money to the Defendant several times on September 26, 2005, and set the loan amount of KRW 9,600,000,000 in preparing the instant loan certificate. The Plaintiff was paid KRW 5,00,000 from the Defendant. As such, the Defendant is obliged to pay the remainder of the loan amount of KRW 4,600,000 and the interest and delay damages from September 27, 2005 to the day of full payment. (2) The Defendant’s assertion is obliged to pay the Plaintiff the remainder of the loan amount of KRW 4,60,000,000, and the Defendant paid the loan as substitute for the insurance premium to be paid by the Plaintiff several times before the issuance of the instant loan certificate. Therefore, the loan amount of KRW 9,600,000 cannot be recognized.

B. 1) As long as the formation of a disposal document is recognized as authentic, the court shall recognize the existence and content of the expression of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable counter-proof as to the denial of the contents stated in the disposal document (see, e.g., Supreme Court Decision 2015Da256732, Jun. 9, 2016). In light of the foregoing legal doctrine, the following circumstances are as follows: (i) the Plaintiff and the Defendant borrowed money from the Plaintiff several times, namely, (ii) the Defendant borrowed money from the Plaintiff on a old-age basis; and (iii) the Defendant at the time of preparing the loan certificate in the manner of settling the borrowed money.

arrow