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(영문) 의정부지방법원 2017.04.05 2016가단23274
대여금 및 건물명도
Text

1. The defendant

A. The Plaintiff KRW 13,94,354 as well as KRW 30% per annum from June 3, 2010 to July 14, 2014.

Reasons

1. Determination as to the request for return of loan

A. 1) On August 21, 2009, whether the Plaintiff leased money to the Defendant (i.e., a judgment on the cause of the claim) is a person who lent KRW 15,000 to the Defendant on August 21, 2009.

Accordingly, evidence consistent with this, Gap evidence No. 1 (the defendant asserted that he signed and sealed the plaintiff's official seal, and comprehensively taking account of the witness witness's testimony and the purport of the whole pleadings, Eul's above creditor's name may be acknowledged as having been written in the above creditor's column. However, the above fact alone is insufficient to recognize the fact that D supplemented the creditor's disturbance after the defendant's signature and seal affixed, and there is no other evidence to reverse the presumption of the authenticity as a completion document.

In light of the following facts, as the Defendant alleged in the above loan certificate that the lender is E even though the obligee indicated the Plaintiff as the Plaintiff, it is reasonable to view the lender as the Plaintiff as the entries in the above loan certificate, in view of the following facts, which can be recognized by comprehensively taking into account the following facts: (a) the entries in the evidence Nos. 1 to 3, and the witness D’s testimony and the entire purport of pleadings:

① In other words, D entered into a monetary loan agreement on behalf of the Plaintiff with the Defendant.

② Of the above loans 15,000, 13,000,000 won was transferred from the account in the name of the Plaintiff to the account in the name of the Defendant.

③ E, a holder of the account in which the Defendant deposited interest, is identified as the above D’s identity, and the Defendant is informed of the deposit account for interest as above.

④ The E also expresses that the money deposited in the account under the name of the principal is the Plaintiff by the Defendant.

Comprehensively taking account of the fact-finding certificates of E prepared after the closing of argument and the written statements and the overall purport of the arguments in the evidence Nos. 1 and 5 of the loan terms, the Plaintiff’s payment period of KRW 15,000,000 to the Defendant on August 21, 2013 shall be February 20, 2010; interest rate of KRW 3% per month or 4% per month shall be set at the interest rate column.

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