(영문) 광주지방법원 2019.02.20 2018나3119 | 리걸엔진

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Reasons

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(영문) 광주지방법원 2019.02.20 2018나3119

대여금

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1. Of the judgment of the court of first instance, the part against the plaintiff (appointed party) corresponding to the amount ordered to be paid below.

Reasons

1. Determination as to the cause of claim

A. According to the statements in Gap evidence Nos. 1 through 3 (including the serial number; hereinafter the same shall apply), the defendant prepared a loan certificate (hereinafter referred to as "the loan certificate of this case") with the content that he/she will pay KRW 20,000,000 to the net C (hereinafter referred to as "C") around June 2017 (the loan certificate of this case is stated as the date borrowed by the defendant as of June 15, 2013, but there is no dispute between the plaintiff and the defendant as to the fact that the loan certificate of this case was prepared as of June 15, 2017, and that C died on November 9, 2017, and that the heir of C had the plaintiff et al. respectively.

B. According to the above facts, it is reasonable to view that the defendant is obligated to pay C KRW 20,00,000 based on the loan certificate of this case. Thus, barring any special circumstance, the defendant is obligated to pay KRW 4,30,000, excluding KRW 15,700,000, which the plaintiff was paid by the defendant among the above KRW 20,000,000, excluding the remainder of KRW 15,700,000, excluding the remainder of KRW 15,300,000, i.e., the plaintiff et al. according to his/her share of inheritance.

2. Judgment on the defendant's assertion

A. Although the Defendant asserted that part of the money was borrowed from C, the Defendant paid KRW 23,750,000 to C’s account, and all obligations were extinguished by granting KRW 3,960,000 to functional health foods.

On the other hand, the loan certificate of this case is merely a false document at the request of the plaintiff to the defendant, and according to the statement of Eul No. 4, it is clear that the defendant does not bear the obligation according to the loan certificate of this case.

B. Determination 1) As seen earlier, the Defendant is liable to pay the Plaintiff, etc. the monetary amount of KRW 15,700,000 after the instant loan certificate was drawn up by the Defendant, and there is no dispute between the Plaintiff and the Defendant (the Plaintiff also).

유사 판례

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-서울서부지방법원 2015.08.17 2014가단44478

-의정부지방법원 2016.11.24 2016나1367