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Reasons
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(영문) 부산지방법원 2019.04.17 2016가합51319
대여금
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1. The Defendant shall pay to the Plaintiff KRW 232,525,00 and the interest rate of KRW 15% per annum from December 14, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s attached Form 47 times from March 27, 2003 to November 26, 2012 to the Defendant, who is a Choman.

1. A total of KRW 348,101,50,000, as stated in the statement "amount of withdrawal" (=266,241,000,000,000,000,000,0000,000,0000,000,000,000,000,000,000,000

B. The Plaintiff’s attached Form 27 times from February 15, 2005 to January 9, 2013 from the Defendant

2. The “statement” as stated in the table 1 to 2 was paid a total of KRW 115,576,500 (i.e., deposit amount of KRW 101,576,500,000 in Busan Bank’s account as stated in the statement (i.e., deposit amount of KRW 14,00,000).

C. The Defendant had a loan claim against the Plaintiff, and submitted the loan certificate (No. 1; hereinafter “the loan certificate of this case”) with the following contents as follows:

(F) The debtor borrowed the amount from the creditor on January 25, 2011, 201. (C) The amount of the loan is KRW 150,000,000 (C).

The interest shall be repaid at 5% per annum by the 25th day of each month, and the principal shall be repaid to the creditor by January 25, 2013.

Debtor's name on January 25, 201: A (name, address, resident registration number, telephone number omitted) (name, address, resident registration number, and telephone number omitted): B (name, address, resident registration number, and telephone number)

D. On October 30, 2018, the Defendant issued a summary order of KRW 3 million and filed a request for formal trial on the grounds that “the instant loan certificate was used for the purpose of certifying the loan in the instant lawsuit, unlike the original purpose of drawing up,” and used it for the purpose of proving the loan in line with the original purpose of drawing up the loan certificate, and attempted to be exempted from the payment of the debt amounting to KRW 150 million by deceiving the court and receiving a favorable judgment, but the Plaintiff attempted to be exempted from the payment of the debt amounting to KRW 150 million,” and the Defendant filed a request for formal trial on January 25, 2019, but the said summary order became final and conclusive as it was.

[Ground of recognition] Unsatisfy, Gap evidence 2 to 4, 6 to 8, and Eul.

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