(영문) 의정부지방법원 2014.11.26 2014가단37651

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(영문) 의정부지방법원 2014.11.26 2014가단37651

대여금

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1. The Defendant’s KRW 72,00,000 as well as 5% per annum from July 23, 2014 to November 26, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned money from around 2010 to June 4, 2013 to the Defendant from time to time, and the Defendant repaid the money from time to time to March 17, 2014 to the Plaintiff.

B. After July 28, 2014, the Defendant prepared a certificate of borrowing (Evidence A5) recognizing that the Plaintiff borrowed KRW 72,000,000 from the Plaintiff while settling the said monetary transaction relationship with the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 or 2, and the purport of the whole pleadings

2. Determination

A. We examine the judgment on the cause of the claim, in light of the details of monetary transactions between the plaintiff and the defendant, the timing and circumstances for preparing the loan certificate of this case, the details thereof, the relationship between the plaintiff and the defendant, etc., it is reasonable to deem that the loan certificate of this case was prepared to settle the unpaid loan amount of KRW 72,00,000,000 in the course of settling cash transactions between the plaintiff and the defendant. Thus, barring any special circumstance, the defendant is liable to pay the plaintiff the above KRW 72,00,000 and damages for delay.

(1) The plaintiff asserts that the plaintiff is obligated to pay 50,000 won additionally to the defendant, but there is no evidence to prove that the plaintiff additionally lent the above amount to the defendant after the above settlement. Accordingly, the plaintiff's above assertion is not accepted. Accordingly, since the loan certificate of this case was not prepared for the purpose of settlement between the plaintiff and the defendant, but was prepared by the defendant at the request of the plaintiff who requested the plaintiff to submit it to the plaintiff's family for the purpose of settlement of money transaction between the plaintiff and the defendant, the plaintiff's claim that the loan certificate of this case is invalid, but it is not sufficient to recognize the above only by the descriptions and images of the evidence Nos. 3 through 5 (including the provisional number) of the plaintiff

C. Accordingly, the decision is followed.

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