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(영문) 전주지방법원 2015.01.29 2014나171
대여금
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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. The plaintiff, on March 20, 200, lent to the defendant a total of KRW 25,000,000 on the same day, KRW 10,000,000 on the same day, and KRW 25,000,000 on April 12, 200 as interest rate of KRW 20 per annum.

[Recognizing the facts] without dispute, Gap evidence 1-1, Gap evidence 1-2 and 3-2 of Gap evidence 1-3 (the defendant's name is recognized as being by the result of each loan certificate, the stamp image of the party deliberation, and the following stamp image of the defendant's seal, and thus the authenticity of the whole document is presumed to have been formed. The defendant asserts that each of the above loan certificates was forged, but no evidence exists to acknowledge it) and the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 25 million won and interest or delay damages from April 13, 2000 for which the plaintiff seeks.

B. As to the Defendant’s argument, the Defendant paid to the Plaintiff KRW 4,00,000 on June 1, 2004, KRW 1,700,000 on August 3, 2004, KRW 500,000 on March 14, 2005, and KRW 500,000 on May 16, 2005, KRW 4,700,00 on the Plaintiff’s creditor from February 2, 2005 to June 2, 2005, the Defendant paid the Plaintiff KRW 4,00,00,000 on the Plaintiff’s credit amount to the Plaintiff through D around April 2, 2006.

B) Since 10 years have elapsed since the date of lending the Plaintiff’s loan claim, the prescription expired. 2) The Defendant paid KRW 4,700,000,000 to the Plaintiff on June 1, 2004, KRW 1,700,000 on August 3, 2004, KRW 50,000 on March 14, 2005, KRW 50,000 on May 16, 2005, and the Defendant paid KRW 4,70,000 to the Plaintiff through D on April 206, but there is no dispute between the parties that the Defendant paid KRW 4,00,00,00 to the Plaintiff through D on the Plaintiff’s request, each of the entries in subparagraphs 1 through 4 alone, is insufficient to find otherwise.

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