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(영문) 대구지방법원 2018.12.12 2018나4374
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. Basic facts

A. The Plaintiff transferred KRW 50,000,000 to C’s account on August 23, 2005.

The cash custody certificate amount: 49,100,000 won (including interest, until September 9, 2008) shall be kept in cash: Defendant (Surety and Obligor) creditor: the Plaintiff shall be liable for and repaid the amount by October 13, 2009 due to joint and several sureties.

B. On October 13, 2008, the Defendant, while making monetary transactions with the Plaintiff, prepared a cash custody certificate (hereinafter “instant cash custody certificate”) with the following content on October 13, 2008.

C. On May 11, 2009, the Plaintiff sent to the Defendant a certificate of content to notify the Defendant of the repayment of the obligation, accompanied by the details of adjusting the amount of the claim against the Defendant, and a copy of the cash custody certificate of this case.

On December 5, 2012, the Defendant sent a text message to the Plaintiff that he would pay the money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 3 and 5, the purport of the whole pleadings

2. Determination

A. 1) The parties’ assertion 1) The Plaintiff: (a) the Plaintiff prepared a cash custody certificate of this case; (b) on August 23, 2005, the Plaintiff transferred 3,000,000 won to the Defendant’s account; and (c) on August 23, 2005, the Plaintiff transferred 50,000 won to the Defendant’s account; (b) C paid 5,000,000 won, excluding 25,000,000 won paid by C and the Defendant, with the Defendant liable for 50% of the said money deposited; and (c) the Defendant did not know the Defendant’s signature of 49,10,000,000 won with the Defendant’s unpaid house and 49,70,000,000 won with the Defendant’s cash custody certificate; and (b) the Plaintiff did not lend the Defendant’s signature of 49,100,000 won with the Defendant’s cash custody, and did not lend the money to C.

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