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(영문) 서울중앙지방법원 2018.08.16 2017가단60599
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 10, 2008, the Plaintiff prepared a document stating “B(A) with a face value of KRW 45 million from the Defendant on September 12, 2008, a promissory note (Evidence A1) with a maturity of KRW 1,000,000,000, and “B(B) with a principal of KRW 3,000,000,000,000,000,000 won,” and received a certificate of personal seal impression and a certified copy of the resident registration issued by the Defendant himself.

B. The Plaintiff transferred KRW 10,00,000 on June 10, 2008, and KRW 7 million following the date to C’s account (D Bank E and No. 8).

[Ground of recognition] Gap evidence Nos. 1 through 9 (including a serial number. The defendant asserts that Gap evidence Nos. 1, 5, 6, and 7 was not prepared by his own penology. According to the appraiser F's appraisal result, Gap evidence Nos. 1 and 5 through 7 were commercial records, Gap evidence Nos. 1, 5, 6, and 7's penology of the defendant's resume sent by G High School and the penology Nos. 1, 5, 6, 7 were also commercial records. According to the above facts of recognition, Gap evidence Nos. 1, 5, 6, 7 were not prepared, and the defendant's new statement Nos. 1, 6, and 7 were not prepared, and the defendant's new statement Nos. 1, 5, 6, and 7 were prepared, and the defendant's new statement Nos. 7 and 6's new statement No. 3 were prepared, and the defendant's new statement No.

2. Determination on the cause of the claim

A. The defendant's obligation to pay the principal and interest of the loan is the basic facts.

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