logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.02.06 2018나12916
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. On May 25, 2010, the Plaintiff lent KRW 2,700,00 to C, but the Defendant guaranteed C’s above loan obligation, and C did not pay the said amount to the Plaintiff.

B. Thereafter, on March 16, 2012, the Plaintiff lent KRW 2,000,000 to the Defendant.

C. Meanwhile, the Plaintiff holds a certificate of loan (No. 1; hereinafter “the certificate of loan in this case”) stating that “The creditor A (the Plaintiff) paid KRW 20,700,000 in cash to the obligor B (the Defendant) on the monthly and daily basis of 2010.” The lower court stated the Defendant’s address, resident registration number, and name at the bottom of the above certificate of loan, and affixed a seal on the back, and then indicated “A” as the witness D, and affixed a seal on the name attached thereto.

In addition, the issue date of the plaintiff is the first day and the second day of 2010, and the second day and the second day of 2010.

The Plaintiff asserts that the Korean language portion is a clerical error. The Plaintiff asserts that the Korean language portion is a clerical error.

The due date is in possession of a promissory note in the blank space (Evidence No. 3, hereinafter "the Promissory note in this case"), and the name of the defendant in the column of the issuer of the said promissory note is stamped.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff was unable to pay KRW 20,700,000 as well as KRW 20,700,000 as of March 16, 2012, on the following grounds: (a) the Plaintiff lent money several times with the Defendant, or conducted monetary transactions, such as the Defendant’s guarantee of the obligation to the Plaintiff by a third party; and (b) the Defendant did not pay KRW 20,70,000 as to KRW 20,70,000; (c) on August 30, 2013, the Defendant prepared the instant loan certificate and the instant promissory note to the Plaintiff; and (d) the Defendant gave the Plaintiff the payment of KRW 20,70,000 as well as KRW 20,70,00 as well as delay damages.

arrow