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Reasons
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(영문) 부산지방법원 2016.11.08 2015가단85974
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff asserted that between April 30, 2013 and November 25, 2013, the Plaintiff lent KRW 33,000,000 to the Defendant by remitting KRW 2,00,000 as follows, to E on November 25, 2013, but did not include this in the amount of the loan.

B. B and the Defendant received the certificate of borrowing (No. 1) from the Defendant, and the Defendant is obligated to pay the Plaintiff the amount of KRW 21,500,000 and the damages for delay that are supported by financial data out of the borrowed amount.

The amount of KRW 1,500,000 out of the 15,000,000 on April 30, 2013, 2013, which was the date and time payment method (the remitter - receiver) for the lease (the amount of KRW 6,000,000 on June 29, 2013, the amount of KRW 1,000 on July 1, 2013, 200 for the Plaintiff-D-D-Stock Co., Ltd., the amount of KRW 6,000 on July 1, 2013, the amount of KRW 21,50,000 on the aggregate of the amount of KRW 33,00,000 on August 28, 2013 - Bosung A Co., Ltd. (the representative director: the Defendant) - the amount of KRW 21,50,000 on the financial data:

B. The Defendant’s assertion did not have borrowed money from the Plaintiff as above, and the evidence No. 1 was forged.

2. Determination

A. As a result of the written appraisal of Gap evidence No. 1, the defendant's writing and Gap evidence No. 1 are presumed to have higher weight than similar points, but it is difficult to make accurate appraisal due to the failure to submit the original. Nevertheless, the plaintiff lost the original and failed to submit it. The plaintiff did not state how to issue a loan to the remaining KRW 13,500,000, excluding KRW 15,000,000, out of KRW 15,000,000, which lent April 30, 2013. The plaintiff asserted that Gap evidence No. 1 was issued and that the defendant's signature No. 1 was claimed for KRW 21,50,000, which is supported by financial data, and the defendant's address No. 1 is not the defendant's individual address, but the defendant's domicile as the representative director, and the witness's address.

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