logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.10.14 2016가단12875
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserted that "A non-party C, her husband, paid KRW 23 million to Non-party D for purchase of trees, but the above D sold trees to other places and decided to return KRW 23 million after selling them to the above D. ② The above C demanded the above D to pay KRW 23 million, and the above D had an ownership of KRW 3719 square meters for personal reasons, which led to the defendant's future. The defendant issued a loan certificate prepared by the defendant while he paid KRW 23 million to the plaintiff on his behalf. Therefore, the defendant is obligated to pay money as stated in the purport of the claim to the plaintiff."

2. The above judgment C testified that he met the defendant at his own farm in Yongcheon-cheon, and that the defendant would pay 23 million won to D in that place the defendant would pay D 23 million won.

However, the above C states that it was the borrower of the first loan certificate No. 1, and that it was signed and sealed by the defendant, and it is difficult to understand formally that the above C bears the signature and seal on behalf of the defendant without signing and sealing by the defendant on the joint page of the defendant.

In addition, the Plaintiff did not directly receive the above loan certificate from the Defendant.

Therefore, taking account of these circumstances, it is difficult to deem that A’s 1 loan certificate was made according to the Defendant’s intent.

3. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow