(영문) 광주지방법원 2016.09.30 2015가단26752

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Reasons

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줄 간격

자간(%)

(영문) 광주지방법원 2016.09.30 2015가단26752

대여금

Text

1. The instant lawsuit shall be dismissed.

2. Of the litigation costs, one-half of the appraisal costs are the Plaintiff, and the remainder are the Defendant, respectively.

Reasons

1. Facts of recognition;

A. From August 2009 to May 201, the Plaintiff lent a total of KRW 138 million to the Defendant ( KRW 50 million around August 2009, KRW 20 million around August 12, 201, KRW 20 million around August 201, KRW 20 million around August 30, 201).

B. On September 3, 2012, the Plaintiff prepared a receipt (hereinafter “the receipt of this case”) stating that “The Plaintiff would receive a fixed amount of money, and will not conduct a legal act in the future” (hereinafter “the receipt of this case”). On the same day, the Defendant prepared a written confirmation (hereinafter “the confirmation of this case”) that “I would resolve the remainder when C and D are resolved due to miscellaneous loss” to the Plaintiff.

[Defendant denies the authenticity of the instant confirmation document (No. 4), but according to the appraiser E’s appraisal results and the purport of the entire pleadings, the fact that the Defendant prepared the said confirmation document is recognized).

The defendant borrowed approximately KRW 450 million from F from July 2009 to January 2012. D.

The defendant repaid 80 million won to F on August 30, 2012.

At the time, F drafted a receipt to the Defendant stating that “I will know to the law, such as the daily fee of KRW 80,000,000,000,000,000,000,000,000 won,” and the Defendant made a letter of confirmation (hereinafter “F-related certificate”) to F that “I will give F the first day as soon as it is resolved in the relationship with D and C.”

E. The defendant filed a complaint against C and D to the charge of deceiving KRW 1.8 billion from the defendant [Fraud], but the whereabouts of the defendant is unclear and thus the status of the suspension of witness and the suspension of indictment is currently unclear.

[Ground of recognition] Facts without dispute, Gap evidence 4, 5 (including provisional number), Eul evidence 1 to 4, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The defendant's assertion is that of this case to the defendant.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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