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Reasons
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(영문) 대전고등법원 2016.05.11 2015나12459
대여금
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1.The judgment of the first instance, including modifications to claims in the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

(b)be borrowed on March 31, 2012;

“A.” The loan certificate stating the content was drawn up (the document No. 2-1, hereinafter “the document No. 1-1”). In the debtor’s column for the first-1 card, the Defendant’s name is written and the stamp image affixed on the name is based on the seal of the Defendant. Meanwhile, the Plaintiff withdrawn the above loan claim on March 10, 201. D. The Defendant, on March 28, 201, set the amount of KRW 1.155 million from the Plaintiff as interest per month.

'The loan certificate No. 6, hereinafter referred to as "the first-2, 'the first-1, 'the first-1' together with the first-1, 'the first-1'.

B prepared and delivered to the Plaintiff.

On March 28, 2011, the Plaintiff confirmed that the Defendant prepared the loan certificate with C religious facilities as part of the investment deposit amount of KRW 700 million and KRW 550,000,000,00,000,00,000, and promised to comply with the following proviso.

*The proviso of the proviso

1. If an investment of KRW 70 million is not made, the loan certificate shall be null and void; and

2. The interest rate mentioned shall be paid on the last day of the balance after deposit of an investment amount of KRW 700 million;

3. No loan certificate prepared by the Defendant may be used for any other purpose.

E. On the other hand, on March 28, 201, on the same date as the date of preparation of No. 1-2 evidence, a certificate (No. 9; hereinafter “certificate 1”) stating the following was prepared.

In the column of preparation of the first written confirmation, the plaintiff's name is written and the seal affixed on the name next to that is affixed is based on the seal of the plaintiff.

F. On May 6, 2011, the Defendant: (a) prepared a loan certificate stating that “the Defendant borrowed KRW 20 million from the Plaintiff on May 6, 2011 at the interest rate of KRW 1% per month; and (b) issued it to the Plaintiff.”

G. The Plaintiff deposited KRW 200,000 on May 10, 201, and the remaining KRW 500,000 on May 31, 201.

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