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(영문) 부산지방법원 2015.07.22 2014나43226
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. On September 21, 2007, the Plaintiff Seah Savings Bank (hereinafter “Plaintiff Bank”) set loans to the Defendant, one of its employees, at 3% per annum, and on September 5, 2009, with interest rate of KRW 20 million per annum and due date for repayment. Since the Defendant did not pay interest and principal after August 20, 201, it is liable for the Plaintiff to pay interest or delay damages from August 20, 201 to the Plaintiff.

B. The Defendant is merely the nominal lender of the Plaintiff bank’s subscription to shares and the loan for capital increase. Therefore, the above loan agreement is null and void as a false declaration of agreement.

2. Determination

A. In the event that all or part of the documents are signed and sealed first and the blank documents or the uncompletiond part is revealed to be filled by a person other than the person who prepared the documents, the person who asserts the authenticity of the documents or the person who submitted the documents bears the burden of proof with regard to the supplement of the blank documents or the unCompletion part by legitimate authority.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the amount of the loan for consumption and the amount of the loan for consumption and the amount of the loan for consumption and the amount of the loan for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the stock for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the share for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the share for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the loan for sale and the amount of the loan for sale.

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