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Reasons
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(영문) 청주지방법원충주지원 2015.07.23 2015가단536
양수금
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1. The Defendant’s KRW 25,917,358 as well as the Plaintiff’s KRW 5% per annum from October 30, 2014 to July 23, 2015.

Reasons

1. The parties' assertion

A. On September 1, 2013, Plaintiff C lent KRW 50,000,00 to the Defendant as of September 30, 2014, and on October 13, 2014, Plaintiff C transferred the said loan claim to the Plaintiff.

Therefore, the defendant is liable to pay to the plaintiff the above KRW 50,000,000 and damages for delay.

B. The defendant did not borrow money from the plaintiff.

However, the Plaintiff said that it was impossible for the Plaintiff to lend money to the Defendant who is the Defendant, to receive the loan, and that the Defendant would be at the same time with a loan certificate in a stable manner, and that at the time, the Defendant was a friendly relationship with the Plaintiff, so there is only a false loan certificate to the Plaintiff.

Therefore, the plaintiff's claim of this case is without merit.

2. Determination

(a) The following facts are found to be without dispute between the parties or recognized by comprehensively considering the overall purport of the pleadings in each entry of Gap evidence 1 to 5 (including the numbers of serial numbers; hereinafter the same shall apply):

1) C around October 12, 2007, around October 12, 2007, around KRW 7,000,000, and KRW 8,000,000, around November 12, 2007, around KRW 3% per month until August 2010, and from September 2010, the Defendant was paid interest of KRW 1.5% per month.

B) On January 10, 2008, the Defendant: (a) lent KRW 30,00,000 to E on January 10, 2009; (b) borrowed the amount to be paid interest of KRW 30,00,000 from April 209; and (c) D guaranteed the above borrowed amount to E; (b) E, and D repaid the amount to be written in the same column of repayment on the date on which repayment was written in the column of the calculation sheet of appropriation as stated in attached Table 1.

3) The Defendant: (a) the cash custody certificate of “to borrow KRW 50,000,000 from September 1, 2013 and to promise to repay until September 30, 2014” (Evidence 1; hereinafter the instant certificate) with the content that “C shall borrow KRW 50,00,000 from September 1, 2013.”

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