(영문) 대구지방법원 2016.05.12 2015나7600 | 리걸엔진

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(영문) 대구지방법원 2016.05.12 2015나7600

대여금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant prepared two copies of the loan certificate (hereinafter “each of the loan certificates of this case”) as follows, and the Plaintiff is currently holding the same.

1) The loan certificate dated June 20, 2008 (hereinafter “the first loan certificate of this case”)

) The above amount is regularly borrowed in 25,000,000 won per annum (25,00,000 won) and interest shall be paid in 1,250,000 won per month for six months, provided that the guarantee shall be paid in cash and shares at the time of six months. The exchange shall be made in exchange for cash and shares at the time of the six-month period. It shall be paid in 3,000,000 won per month after seven months, recognized as the Director General of C, and deposited in 50,000 won per month in head of Tong-gu, Seoul Special Metropolitan City on June 2008. The amount shall also be paid in inheritance. D’s name B mobile phone number (Omission) No. A 200,000 won per month, 200,000 won per month.

Payment shall be made for five months.

The address, Daegu Dong-gu, the B mobile phone number, E mobile phone number (Omission) on July 28, 2008, A returned on July 28, 2008 (hereinafter “the second loan certificate of this case”)

B. However, the respective loan certificates of this case (the date of the loan, June 20, 2008, July 28, 2008, and the date of the loan, and July 28, 2008, and the part of creditors) and the part of creditors are not stated by the defendant, but additionally stated before August 25, 2014, which is the date of the application for the payment order of this case (the plaintiff did not dispute over the grounds of recognition, the entries in subparagraphs A and 2, and the purport of the whole pleadings.

2. The court shall recognize the existence and contents of the declaration of intent as stated in the above, unless there is any clear and acceptable counter-proof evidence to deny the contents of the statement in its determination as to the cause of the claim, so long as the authenticity of the statement is recognized.

(See, see, e.g., Supreme Court Decision 2006Da67602, 67619, Jul. 9, 2009). However, the health class and the number of No. 12 with respect to each of the dates of borrowing each of the instant loans is included therein.

참조판례

-대법원 2009. 7. 9. 선고 2006다67602,67619 판결

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