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(영문) 대구지방법원 2016.10.13 2016나5588
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a person who operated a gas retail store with the trade name (business name H) called Dgas (hereinafter “instant gas retail store”) in G at the time of residing in North Korea, and Defendant B is the wife of Defendant E, and Defendant C is a person who operates a gas retail store with the trade name called Jgas from I at the time of stay in the E-gu.

B. On July 2013, the Plaintiff entered into a contract with E to transfer all the instant gas store facilities and operation rights to Defendant B (hereinafter “instant transfer contract”). From that time, Defendant B and E operated the instant gas store.

A loan certificate: 65 million won shall be borrowed in accordance with the following conditions:

1. The lending period is from July 10, 2013 to July 10, 2014.

2. The interest rate on the borrowed money shall be one million won per month.

3.In the event that interest under paragraph 2 above is not paid, the sum of interest in arrears and principal shall be the amount borrowed.

4. Any punishment, such as the seizure of property rights, shall be borne at the time of non-performance after the lapse of the above period under paragraph 1.

On July 10, 2013, the borrower stated in B and C, a creditor A, that only this part of the loan will be accepted.

C. 1) On July 10, 2013, E and Defendant C asserted to the Plaintiff that the following content of the loan certificate (the signature of Defendant B as indicated in Defendant B’s No. 1 is not a signature, and the signature of Defendant B as indicated in Defendant B’s No. 1, and thus, the Defendant B’s title was forged. However, the witness E of the first instance trial stated to the effect that “A” was forged. ② E is the husband of Defendant B, ② E is the husband of the Defendant B, ③ the interest as indicated in Defendant B’s title from the account in the Plaintiff’s name to the account in the Plaintiff’s name, as seen after the conclusion of the instant transfer contract. In light of the fact that E was paid the interest as indicated in subparagraph 1, E appears to have obtained the power of attorney from Defendant B and prepared the evidence No. 1 between the Plaintiff and the Plaintiff.

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