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(영문) 부산지방법원 2019.05.15 2018나58943
대여금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. According to the reasoning of the judgment on the cause of the claim, Gap evidence No. 2-3 (hereinafter "the loan certificate of this case"), and No. 3 (hereinafter "the loan certificate of this case"), the loan certificate of this case is collected as follows: "5 million won is borrowed until August 6, 2010."

The fact that the Defendant’s name, resident number, and address are written in writing, and the date on which the loan certificate of this case was written is July 6, 2010, and the Defendant was found to have been sentenced to a fine of KRW 5 million, on September 18, 2014, on the grounds of the criminal fact that “the Defendant, on July 6, 2010, received KRW 4,500,000 from the Plaintiff, by deceptioning KRW 4,50,000 from the Plaintiff,” from the Busan District Court’s Dong Branch branch, on September 6, 2014.

Therefore, barring any special circumstance, the defendant is obligated to pay the loan amount of 4.5 million won and damages for delay as requested by the plaintiff to the plaintiff.

2. The defendant's assertion that the defendant did not borrow money from the plaintiff, and the plaintiff did not have any obligation to repay the loan money to the plaintiff since he borrowed money from another person introduced by the plaintiff and prepared the certificate of loan. However, the defendant did not submit any evidence consistent with his argument until the closing of argument in the trial court. Thus, the above argument by the defendant is without merit.

3. The decision of the first instance court is justifiable, and the defendant's appeal is dismissed as it is without merit.

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