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(영문) 대전지방법원 2015.05.19 2014나9135
대여금
Text

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. Basic facts

A. The Plaintiff lent money to C Co., Ltd. operated by the Defendant or the Defendant over several times from July 29, 2005 to October 17, 2006, and the Defendant or C Co., Ltd prepared and delivered a loan certificate to the Plaintiff.

B. From January 2007 to June 201, 201, the Defendant fully repaid to the Plaintiff the total of KRW 120,000,000,000, which drafted the loan certificates as above.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 6 (including paper numbers), the purport of whole pleadings

2. The plaintiff's assertion that, in addition to the loans that the defendant received from the defendant as above, the amount of the loan was additionally lent to the defendant several times from October 17, 2006 to July 8, 2009, and the total amount of the loan was 71,07,740 won (However, the above 71,07,740 won was not separately issued by the defendant, but the non-party D, who is an employee in charge of the defendant's accounting in the book book book, was obligated to pay the loan and damages for delay to the defendant.

3. It is not enough to recognize that the Plaintiff lent KRW 71,077,740 to the Defendant only with the descriptions of evidence Nos. 1 through 4. Rather, in full view of the respective descriptions of evidence Nos. 3 and 6 as well as the overall purport of evidence Nos. 3 and 6 as evidence Nos. 1 to 3 and 4, the following facts and circumstances are recognized.

A. The Plaintiff filed the instant lawsuit by asserting that, on the basis of the initial certificate of borrowing money, the Defendant had not yet repaid the amount equivalent to KRW 71 million out of the loans owed to the Plaintiff, and the Defendant asserted that all of the obligations arising from the loan certificate were repaid, and the Defendant changed the cause of the claim that, on the basis of the number of days of the defense that the Defendant paid all of the obligations arising from the loan certificate,

The above number of days account books are prepared by D, which was an employee of the defendant.

(b) D. D.

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