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(영문) 서울북부지방법원 2017.08.11 2016나3629
차용금
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 10, 2015, Defendant C, D, E, F, G, and Plaintiff’s married H decided to establish an I Cooperatives with Defendant Certified architect office.

B. On February 10, 2015, the Plaintiff deposited KRW 5,000,000 with the Defendant’s account, and C on February 10, 2015, on the following: (a) “Creditor: the Plaintiff: the Defendant; (b) the Defendant; and (c) the amount: KRW 1,00,000: the Plaintiff borrowed the said amount with the thickness of the Plaintiff; and (c) signed the repayment on March 10, 201. The Plaintiff prepared a loan certificate as “Defendant and C” and delivered it to the Plaintiff

C. On February 11, 2015, the following day, the Defendant remitted KRW 5,00,000 to the K’s account as the representative of J, and on March 23, 2015, received the I Cooperatives’s certificate of report from the head of Dobong-gu Office.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 2 and 6 (including all of the paper numbers), Eul's testimony, and the purport of whole pleading

2. Determination

A. The Plaintiff’s assertion lent KRW 5,00,000 to the Defendant on February 10, 2015, and then received the instant loan certificate, and C prepared the instant loan certificate with the Defendant’s delegation, and then affixed the Defendant’s seal.

Therefore, the Defendant is obliged to pay the Plaintiff the above loan amount of KRW 5,000,000 and delay damages.

B. The defendant's assertion did not have borrowed KRW 5,000,000 from the plaintiff.

5,000,000 won that the Defendant received from the Plaintiff is the establishment cost of the cooperative, and the loan certificate of this case was forged by C.

C. 1) The loan certificate of this case contains a seal affixed by the seal of the defendant and the plaintiff himself/herself affixed the seal of the defendant. However, in light of the following circumstances acknowledged by the aforementioned evidence, C, who was in the same business relationship with the defendant, prepared a joint loan certificate under the name of the defendant and C and affixed the seal of the defendant to the name of the defendant on February 10, 2015, according to the delegation of the defendant on February 10, 2015. A) by this court, C is the defendant himself/herself.

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