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(영문) 수원지방법원안산지원 2017.04.12 2016가단7906
대여금
Text

1. The defendant shall pay to the plaintiff KRW 80,000,000 as well as 5% per annum from October 1, 2008 to March 7, 2016 and the next day.

Reasons

1. The fact that the Plaintiff leased KRW 80 million to the Defendant on April 15, 2008 by the loan period of September 30, 2008 is not in dispute between the parties, or that the Plaintiff leased the Defendant by reference to the respective entries in Gap evidence 1, Eul evidence 1, and the whole purport of pleadings.

The defendant changed his assertion that he did not borrow money from the plaintiff on April 25, 2016 that he borrowed KRW 80 million from the plaintiff to lend KRW 60 million among the expenses for the purchase of apartment units, and that on April 25, 2016, the plaintiff invested KRW 80 million in C, which was stated on the date of the first pleading of this case, and demanded and issued a certificate of loan under the name of the defendant, and did not borrow money from the plaintiff. However, on April 15, 2008, the defendant prepared and delivered a certificate of loan (A1) to the plaintiff on April 15, 2008, the loan amount of KRW 60 million from C on April 18, 2008, and the loan amount of KRW 10 million from the date following the due date to August 31, 2008 (B1) to the plaintiff on April 20, 2008, the defendant cannot accept the confession of the above amount of KRW 80,000 as the witness's testimony.

2. The Defendant’s argument regarding the Defendant is that the instant lawsuit was filed by a third party without the Plaintiff’s delegation, and the Plaintiff’s legal representative does not possess a legitimate power of attorney, and thus, it is unlawful. However, the Defendant does not accept this as there is no evidence to

▷피고는, 원고가 C의 소재를 알 수 없게 된 이후 피고에게 "8,000만 원은 부동산 분양 등으로...

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