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(영문) 대구지방법원 2016.07.27 2016나3704
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The parties' assertion

A. On April 2, 2014 and May 9, 2014, the Plaintiff asserted that the Plaintiff leased KRW 200,000,000 to the Defendant each of the KRW 100,000,000 on the due date for payment on May 30, 2014. The Defendant paid KRW 100,000 out of the above loan and did not pay the remainder to the Plaintiff KRW 100,00,000.

B. The Defendant asserted that the Defendant borrowed KRW 100,000,000 from the Plaintiff on May 9, 2014, but the Defendant borrowed KRW 100,000,000 from the Plaintiff on April 2, 2014, not the Plaintiff but C.

(C) The Defendant borrowed the above money from the Plaintiff. The Defendant, the representative of the Plaintiff, is in the partnership business relationship between E and C, and the Plaintiff knew that it would be a company of E and C, and prepared a loan certificate for the above KRW 200,000,000 to the Plaintiff.

The defendant paid 100,000,000 won to the plaintiff and C, thereby repaying all of the above 200,000,000 won.

2. Determination

A. Comprehensively taking account of the overall purport of evidence Nos. 1 and 3 as well as the overall arguments, the Plaintiff remitted KRW 200,000,000 in total to the Defendant’s Plaintiff’s deposit account on April 2, 2014 and May 9, 2014, respectively. The Defendant prepared a certificate of borrowing KRW 200,000,000 to the Plaintiff on May 9, 2014 (Evidence 1). The loan certificate is written on May 30, 2014 at the bottom of the lower court, stating “Plaintiff’s return,” and only stated “30,000,000 won as a witness of the Daegu District Court Decision 2015No1621, May 21, 2014; 30,000,000 won to the Defendant and 40,000 won to the effect that the Plaintiff did not offer money to the Defendant.

B. Meanwhile, the Plaintiff’s KRW 70,000,000 from the Defendant on October 22, 2014, and KRW 30,000 on December 1, 2014.

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