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(영문) 울산지방법원 2015.10.28 2014나5807
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Determination on the cause of the claim

A. The following facts are not in dispute between the parties, or can be acknowledged in full view of the entry of evidence No. 1 and the testimony of the first instance court witness J as a whole.

(1) Defendant B and Defendant D are married, and the rest of the Defendants are their children.

(2) On May 2007, the Plaintiff lent KRW 20,000,00 to Defendant B for the purpose of Hopon acquisition fund.

(3) On February 28, 2008, Defendant B made and issued to the Plaintiff a certificate of borrowing that “Defendant B borrowed the interest rate of KRW 20,000,000 on February 28, 2008 with 4% per month, and thus, Defendant B would pay it up until February 28, 2009” (hereinafter the instant certificate of borrowing), and the remaining Defendants signed and sealed the instant certificate of borrowing as a joint and several surety.

B. The party’s assertion and its determination (1) The Plaintiff asserted that the loan certificate of this case is identical to that of the Defendants.

(2) The Defendants asserted that the above loan should be performed as stated in the above loan certificate, and the Defendants asserted that the loan certificate of this case was delivered by Defendant B to the Plaintiff through the Plaintiff, but the loan certificate of this case did not actually borrow money from J, and therefore there was no obligation based on the loan certificate of this case.

(2) It is reasonable to deem that the instant loan certificate is a disposal document, and barring any special circumstance, there was an expression of intent as stated therein. Accordingly, the Defendants’ assertion contrary thereto is not proven in addition to their own statements, and the testimony by the witness J of the first instance court is contrary to the Defendants’ assertion.

Therefore, it is reasonable to view that on February 28, 2008, the Defendants expressed to the Plaintiff the intent to repay to February 28, 2009 the amount of KRW 20,000,000 as stated in the loan certificate of this case and the interest calculated at the rate of KRW 4% per month. Accordingly, the Defendants expressed to the Plaintiff not later than February 28, 2009.

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