(영문) 서울고등법원 2015.07.17 2014나35930

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(영문) 서울고등법원 2015.07.17 2014나35930

대여금

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1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 1,020,000 and 300,00 among them.

Reasons

1. The following facts may be found either as a matter of dispute between the parties or as a whole as a whole in the entry of evidence No. 52.

The plaintiff and D are related to each other as those who operate real estate brokerage business.

The defendant has continued financial transactions from around 2005 to around 2009 while constructing and selling a new building to D and the same business.

B. On December 30, 2011, the Defendant, stating that “The Defendant borrowed KRW 300,000,000 from the Plaintiff,” was written a loan certificate (No. 1; hereinafter “the first certificate”), and on the bottom of the first certificate, the name, signature, and resident registration number before the Defendant’s name was entered.

C. On May 23, 2012, the loan certificate stating that “the Defendant borrowed KRW 570,000,000 from the Plaintiff on May 23, 2012 as interest rate of KRW 3% and May 29, 2012 on the date of repayment” was prepared (No. 2-1 of the certificate; hereinafter “the second certificate”). The loan amount of KRW 570,00,000 of the second certificate of this case includes KRW 300,000,000 of the loan amount of the second certificate of this case. At the bottom of the second certificate of this case, the name of the Defendant was written with the name of the Defendant on May 23, 201, and the seal affixed on the Defendant’s name was affixed next thereto.

450,000,000 won was drawn up on June 5, 2012, stating that the Defendant borrowed from D to be the Defendant, and that D will be the Defendant, by June 27, 2012, with the effect that it borrowed from D, and that it would be paid by June 27, 2012 (the evidence No. 3; hereinafter “the third evidence”). At the bottom of the third evidence of this case, the Defendant’s name, resident registration number, and seal was written on the Defendant’s name on the hand, and the Defendant’s name was affixed.

2. Determination as to the claim based on Nos. 1 and 2 of the instant case

A. Determination as to the authenticity of No. 1 and No. 27 of the instant case’s proof 1, 1, 2, 22-1, 26, 27, and 1, 1, 1, 1, 22-1, 22-2, and 27.

유사 판례

-서울서부지방법원 2014.05.16 2012가합7984

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-서울북부지방법원 2016.12.15 2015가단12700

-의정부지방법원 2018.03.29 2016나11340