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(영문) 서울고등법원 2016.09.30 2015나25527
대여금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. The facts below the basis facts are either in dispute between the parties or acknowledged by considering the overall purport of the arguments in Gap evidence Nos. 1, 3, 7, and 8.

Co-Defendant C of the first instance trial (hereinafter referred to as “C”) is the same year from the same date as the loan amount of KRW 130 million on February 7, 201 and the loan period of KRW 130 million on the same date.

4. up to July, the borrower, the borrower, and the guarantor C (hereinafter “the loan certificate of this case”), the copy of the Defendant’s resident registration certificate, and the resident registration record card shall be delivered to D’s employees, and the remaining 122,80,000 won shall be deducted from the above loan amount by 720,000 won.

D The loan certificate of this case, upon receipt of D, contains not only C but also C, the name and personal information of the Defendant, and the seal affixed to the Defendant’s name. However, the creditor column and interest rate column were blank. However, while the Plaintiff filed the lawsuit of this case, the creditor column was supplemented by 24% per annum to the Plaintiff and the creditor column was submitted as Gap evidence 1.

2. Determination as to the cause of action

A. (1) The purport of the Plaintiff’s assertion that the Defendant indicated the intent of borrowing to the Plaintiff is as follows: (1) The Defendant prepared the instant loan certificate with the knowledge that C would borrow money from the Defendant’s name by using the loan certificate; and (2) issued C with the name of the Defendant’s name stated in the debtor column and affixed a seal thereon.

This is that the defendant expressed his intent to repay the money borrowed by the loan certificate of this case as an obligor without asking who is the creditor.

The interest rate was 24% per annum in monetary transactions with the above loan certificate.

Thus, the defendant is obligated to pay the plaintiff the above loan of KRW 130 million and interest thereon.

(2) (A) The Plaintiff presented the evidence No. 1 (a) as evidence of the Defendant’s loan facts as evidence, and the said evidence is presented as evidence.

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