logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.06.20 2017나11954
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. Basic facts

A. On February 9, 2015, the Plaintiff withdrawn KRW 200 million (one hundred million cashier’s checks) from the new bank account under the Plaintiff’s name.

B. On February 10, 2015, the Defendant, on the part of the Plaintiff, prepared and issued the “the certificate of rent and the written agreement on payment of interest” (hereinafter “the certificate of loan”) stating that the Plaintiff shall be paid KRW 200 million with the borrowed money, the interest shall be 12% (1%) per annum, and the interest shall be paid 10% per annum. When the Defendant has failed to pay interest for at least one month, the Defendant shall immediately lose the benefit of the time, and no objection shall be raised even if he/she is immediately given legal measures with respect to the principal and interest.”

[Ground of recognition] Gap evidence 1 and 2 of this case (the defendant asserted that the plaintiff's person who affixed the defendant's seal on the evidence No. 1 of this case (the plaintiff's seal on the evidence No. 1 of this case) is the plaintiff's wife C and the authenticity of this case is disputed, on the other hand, "the plaintiff created the loan certificate of this case at the C's request or the seal was affixed to Eul, and the defendant was also the defendant at the time when C affixed the seal

As stated above, the loan certificate of this case is prepared on the basis of the defendant's own will and its authenticity is recognized.

each entry, the purport of the whole pleading

2. The parties' assertion

A. On February 9, 2015, the Plaintiff asserted that: (a) lent a total of KRW 200 million (hereinafter “the instant money”) to the Defendant by issuing two copies of cashier’s checks of KRW 100 million at face value; (b) agreed to receive 12% interest per annum on the 10th day of each month; and (c) the Defendant did not pay interest from June 11, 2016; and (d) the Defendant is obligated to pay the instant money to the Plaintiff as agreed upon and late June 11, 2016.

B. The Defendant’s assertion 1) The loan certificate of this case was prepared in a formal manner upon the Plaintiff’s request by the Plaintiff’s wife C, and there was no fact that the Plaintiff borrowed the instant money from the Plaintiff. 2) The Plaintiff’s wife C is with a size of 2,260 square meters and a size of 444 square meters and each of its lands.

arrow