logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.09.11 2015나1807
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. Determination on the cause of the claim

A. The parties’ assertion that the Plaintiff, via the network C, lent KRW 5 million to the Defendant on July 9, 2013, and KRW 7 million on August 12, 2013. The Defendant agreed to pay KRW 3 million out of the above loans on June 14, 2014, and thus, the Defendant is obliged to pay the Plaintiff the above agreed amount of KRW 3 million and delay damages.

On the other hand, the defendant asserts that upon the request of the network C, C merely borrowed money from the plaintiff to the account under the name of the defendant and that it did not borrow 7 million won as the plaintiff's assertion.

B. According to the purport of Gap's evidence No. 1 (the tea certificate, the document with the husband's seal No. 1 attached to "E," and the document with the above seal No. 1 attached to "E," the authenticity of the entire document is presumed to have been established as the whole document is not disputed. The defendant defense that the document was forged, but no evidence exists to acknowledge it), No. 2-1, No. 2-3-1, No. 5 of the evidence No. 2-1, No. 3-2, and the whole pleadings, the defendant was transferred KRW 5 million to the defendant's account on July 9, 2013, and on the same day, "I will borrow KRW 5 million with the thickness of the passbook No. 300,000,000 from the defendant's account and deliver to the plaintiff a certificate of loan No. 300,0000,0000 won for interest of October 9, 2013."

arrow