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(영문) 서울동부지방법원 2021.01.22 2020나22195
대여금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Under the underlying facts, facts do not conflict between the parties, or may be acknowledged upon Gap’s testimony as a whole by taking into account the following facts: Gap’s evidence Nos. 3, 4, and 8, Gap’s evidence No. 9-1, and Eul’s testimony as a witness of the first instance trial.

A. The Plaintiff and C are in line with high school line, and the Defendant is C’s spouse.

B. On October 16, 2012, the Plaintiff deposited the said amount of KRW 5 million in the Plaintiff’s deposit account (D Bank F; hereinafter “instant account”) (D Bank F; hereinafter “instant loan”); and then delivered C the passbook and the Plaintiff’s seal to the instant account.

(c)

On October 15, 2012, the Plaintiff completed the registration of the establishment of a right to collateral security with respect to each forest with the maximum claim amount of KRW 84,000,000, the person holding a right to collateral security, the Plaintiff, and the Defendant with respect to each forest with the area of KRW 22,104 square meters in Gyeonggi-do, Gyeonggi-do, Gyeonggi-do, which is owned by the Defendant, of KRW 3,706 square meters in H forest, of KRW 11,535 square meters in I forest, and of KRW 43 square meters in J forest (hereinafter collectively referred to as “each of the instant real estate”).

Oral Camping project has been promoted

C In paying the interest on the above loan, while running a business with the money in the instant account, the Plaintiff returned the passbook and seal to the Plaintiff, and the Plaintiff repaid KRW 7 million on March 23, 2017.

2. The assertion and judgment

A. (1) On October 16, 2012, the Plaintiff loaned KRW 7 million to the Defendant at the maturity rate of 16, 2012, interest rate of 7% per annum, and 21% per annum, and the Plaintiff received through C a loan certificate (Evidence A No. 1) issued by the Defendant. This delegated the Defendant’s authority to prepare a loan certificate with the intent to bear the obligation as the obligor, and thus, the Defendant bears the obligation on the loan certificate (hereinafter “the loan obligation of this case”).

Even if the Defendant is liable for the borrowed money of this case.

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