logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.05.28 2017나10978
대여금
Text

1. All of the plaintiff's claims that were changed in exchange and selected in this Court are dismissed.

2...

Reasons

1. Facts of recognition;

A. On December 24, 2014, the Plaintiff was issued, delivered, and delivered, on December 24, 2014, a loan certificate stating the following (hereinafter “the instant loan certificate”) with the borrower as the Defendant and E, the amount of which is KRW 50,000,000, and the period of which is two months from December 24, 2014 to February 23, 2015.

The defendant will borrow the above amount from the plaintiff and pay it on the above date.

In this regard, on December 24, 2014, I will receive the full payment of Geumcheon,00 won.

Deposit Bank: The F of the Enterprise Bank, the Deposit Holder: Defendant.

Interest shall be five (500,000 won) per month until the date of repayment.

Most of the documentary loan certificates (No. 1) of this case are written in the same attached text, while the contents of the deposit bank, deposit holders, and interest agreement and the signature part of the E, etc. are written.

B. On December 23, 2014, the Plaintiff received KRW 46,750,000 from D to the H bank account in the name of G, and KRW 5,000,000 from the said H bank account. On December 24, 2014, the Plaintiff remitted KRW 50,000,000 to the said H bank account in the name of the Defendant.

C. On June 29, 2017, the Plaintiff transferred KRW 50,000,00 from the H bank account under the name of G to the I bank account under the name of D.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment on the main defense of this case

A. 1) The plaintiff's summary of the plaintiff's assertion is currently forwarded to the Seoul Central District Prosecutors' Office as a result of the suspension of prosecution, and it is difficult to view that the defendant delegated his/her litigation to the attorney-at-law during the escape of his/her designated position. Thus, the defendant's attorney's attorney is defective in his/her power of attorney and thus constitutes null and void. 2) According to Gap's evidence No. 9, according to the defendant's attorney's statement on the charge of fraud in the complaint case as to the charge of fraud around January 16, 2019, the defendant can recognize the fact that he/she was sent to the Seoul Central District Prosecutors' Office by the disposition

arrow