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(영문) 서울고등법원 2016.05.12 2015나2041143
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 5, 2013, the Plaintiff, a company running a credit business, etc., agreed to lend the amount of KRW 100,000,000 to the Defendant to the Defendant as 36% per annum on July 31, 2013, with the maturity of KRW 100,000,000 on April 10, 2013, with the maturity of KRW 100,000 on July 31, 2013, with the maturity of KRW 18% per annum and 36% per annum on July 31, 2013, and then remitted the amount to the account in the name of the Defendant around each of the pertinent agreements.

B. The Plaintiff received interest amounting to KRW 100,000,000 from the Defendant on April 10, 2013 as to the loan amounting to KRW 100,000,00.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2 (each loan transaction contract. The defendant asserts that "C" as stated in the upper right side approval column of the above loan transaction contract was forged. However, according to Gap evidence 9's statement, considering the fact that the signature of the above letter of approval column is highly likely to be the F one's signature as a result of the scientific investigation of the Supreme Prosecutors' Office's scientific investigation and the written evaluation of the written evaluation of the document prepared by the Supreme Prosecutors' Office, it is not sufficient to acknowledge the above argument by itself, and there is no other evidence to acknowledge it. Further, even if the above letter of approval is viewed differently, it merely indicates the plaintiff's internal approval procedure, and it does not affect the authenticity of each of the above loan transaction contracts made between the plaintiff and the defendant, Gap evidence 2-1, 2, and Gap evidence 4, the purport of the whole pleadings, and the whole purport of pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 100,000,000 as of March 5, 2013 and the loan amount of KRW 100,000,000 as of April 10, 2013, and the pertinent interest and delay damages.

B. The Defendant’s judgment on the Defendant’s assertion 1 is the money that the Defendant received from the Plaintiff, and the said KRW 200,000,000, which was actually paid from the Plaintiff, invested in the Defendant’s wife G, operated by the Plaintiff’s representative director D, and the said money.

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