(영문) 대전지방법원 2019.07.18 2018나112558

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(영문) 대전지방법원 2019.07.18 2018나112558

대여금

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1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The loan certificate (hereinafter “the loan certificate in this case”) written by H in his own pen stated “A” as “I shall prepare 30 million won in daily loan as of December 9, 208 by G, and as of December 9, 208, the borrower G shall set the interest rate of 6 point 500,000.” The loaner G shall bear the seal of each of “I” and “I” of “Tri million won” in the above statement.

(A) The phrase “the First Unmanned” and “I” affixed with the seal affixed to the seal affixed to the seal affixed to the seal affixed to the “won” (hereinafter “the second UA”), and separately affixed two UA seals to the lower end of the loan certificate of this case (the lower part of the foregoing phrase), which is, around December 2017, G puts its own UA on and sealed at the request of the Plaintiffs in order to compare it with the First and Second UA.

B. H died on January 5, 2017, and the Plaintiffs inherited H.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. As stated in the Plaintiff’s loan certificate, the Defendant borrowed KRW 30 million from H on December 9, 2008 (the “208 year” stated in the instant loan certificate is a clerical error in the year 2008). As such, the Defendant is obligated to pay the above loan and damages for delay to the Plaintiffs, the heir of H, according to their respective inheritance shares.

H Finding the total amount of KRW 50 million from June 4, 2008 to November 12, 2008 and kept in cash (Evidence A5). On December 9, 2008, the Plaintiff leased KRW 30 million to the Defendant from the house site (Evidence A 6) in which H and A reside, and the Plaintiff testified that the Defendant lent KRW 1 and 2 of this case to the Defendant at the house site (Evidence A 6) in which H and A reside, and then lent KRW 30 million to the newspaper.

B. The defendant affixed the first and second unmanneds on the loan certificate of this case to the defendant.

유사 판례

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-광주지방법원순천지원 2015.04.09 2014가단17552

-대구지방법원 2014.10.07 2014가합3942