(영문) 울산지방법원 2019.10.10 2018나27638

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(영문) 울산지방법원 2019.10.10 2018나27638

대여금

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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. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff is liable to pay the Plaintiff the remainder amount of KRW 80,000,000,000,000 to the Defendant on September 1, 2016, and the amount of KRW 95,00,000,00 on September 3, 2016, with interest rate of KRW 700,000 per month and due date of payment as of September 2017. Since the Defendant paid the Plaintiff only KRW 15,00,000 among the above loans, the Defendant is liable to pay the Plaintiff the remainder amount of KRW 80,00,000 and delay damages.

B. 1) Even if a civil trial is not bound by the finding of facts in a criminal trial, the facts found guilty of the same facts are a critical evidence. Thus, barring any special circumstance where it is deemed difficult to adopt a factual judgment in a criminal trial in light of other evidence submitted in the civil trial, the facts opposed thereto cannot be acknowledged (see, e.g., Supreme Court Decision 96Da9621, May 28, 1996). However, evidence as shown in the Plaintiff’s assertion corresponds to the evidence No. 1 (hereinafter “the loan certificate of this case”).

However, in full view of the following facts: (a) the Plaintiff changed the above loan certificate as if the principal of the above loan certificate was "Yeocheon million" with the pen attached to the loan certificate of this case; (b) the Plaintiff applied for payment order against the Defendant using it; (c) was sentenced to a conviction of eight months of imprisonment due to the alteration of the private document; (d) the use of the altered private document; (e) the use of the false document; (e) the use of the false document; and (e) the judgment became final and conclusive by the final decision to dismiss the appeal; and (e) the Plaintiff committed the crime in the course of the above trial, it is difficult to believe that the entry of the loan certificate of this case was written as is, and (e) the entry of the No. 2 (written appraisal) is irrelevant to the key issue of the loan certificate of this case.

참조판례

-대법원 1996. 5. 28. 선고 96다9621 판결

유사 판례

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