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(영문) 수원지방법원안산지원 2016.02.03 2015가단23635
대여금
Text

1. The defendant shall pay to the plaintiff KRW 100,000,000 as well as 30% per annum from January 1, 2010 to the day of complete payment.

Reasons

1. Basic facts

A. On January 1, 2009, the Plaintiff has a letter of rejection of the payment of the borrowed money (hereinafter “the loan certificate of this case”) as follows.

The main text of the loan certificate of this case and the names of the Defendant and the Defendant’s Jeonnam-do (Divorce on October 11, 2007, death on April 2009, hereinafter “the deceased”) are written by the deceased, and the Defendant’s seal impression is affixed on the name of the Defendant.

In Japan: 10,00,000 won borrowed and agreed upon by creditors, the repayment period shall be one year. The repayment period shall be 30,000,000 won on May 30, 2009, the second repayment date shall be 30,000,000 won on September 30, 2009, and the third repayment date shall be 40,000,000 won on December 30, 209, the third repayment date shall be 10,000 won on December 30, 209, and shall not raise an objection by taking civil and criminal responsibilities according to the intent and purpose of the creditors in the event of the foregoing default. The interest shall be adjusted separately by 3% on each seal imprint, a certified copy of resident registration, a certified copy of resident registration, and the deceased.

B. The Plaintiff has a certificate of personal seal impression issued on January 20, 2009, a certified copy of resident registration, and a certificate of personal seal impression issued on December 22, 2008 by the Deceased, and a certified copy of resident registration issued on January 23, 2009, respectively.

[Judgment of the court below] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the party's assertion 1) The defendant 2 is as follows: (a) although there is only a small amount of money transaction with the plaintiff, the defendant did not borrow KRW 100,000 from the plaintiff.

The Defendant did not affix the Defendant’s seal impression on the instant loan certificate, and did not affix the Plaintiff a certificate of personal seal impression and an abstract of resident registration.

On the other hand, the defendant and the deceased were living together after their divorce, and the defendant obtained a certificate of personal seal impression and a certified copy and abstract of resident registration to prepare directors on January 2009, and kept the defendant's his/her personal seal impression together with the defendant's personal seal impression in the book that he/she used by his/her father, and the deceased did so to the plaintiff.

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