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(영문) 부산지방법원 2020.07.23 2020나84
대여금 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On April 9, 2018, Plaintiff A transferred KRW 1,000,000,000 to the F Bank Account under the name of Defendant C, and KRW 5,000,000 on May 15, 2018, and KRW 2,000,00 on July 7, 2018, respectively.

B. On May 15, 2018, Plaintiff A Co., Ltd and Defendant C Co., Ltd. drafted a loan certificate stating that the Plaintiff Co., Ltd. will pay KRW 5 million to Defendant C on June 30, 2018 (hereinafter “the instant loan certificate”).

C. On May 25, 2018, Plaintiff B lent KRW 2,000,000 to Defendant E without due date.

[Recognition] Facts without dispute, each entry in Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination

A. 1) As long as the disposal document is deemed to have been duly constituted as a loan 18,00,000 won (a) loan 18,000,000 won, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable counter-proof to deny the contents of the statement.

(See Supreme Court Decision 200Da38602 Decided October 13, 200, etc.). The loan certificate of this case, which is a disposal document prepared by the Plaintiff Company A and the Defendant Company C, is clearly indicated that Defendant C borrowed KRW 5,00,000 from the Plaintiff Company A, and the fact that there exists the details of remittance of KRW 5,00,000 against Defendant C as of May 15, 2018. Accordingly, it is reasonable to deem that Defendant C loaned KRW 5,00,000 to Defendant C on May 15, 2018.

Therefore, Defendant C is obligated to pay the loan amounting to KRW 5,000,000 and damages for delay to Plaintiff C.

B. Furthermore, the Plaintiff Co., Ltd. remitted money to Defendant Co., Ltd. to Defendant Co., Ltd. on April 11, 2018, KRW 00,000, and July 2, 2018.

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