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(영문) 대전고등법원 2015.11.04 2014나11152
대여금
Text

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

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. The assertion and judgment

A. In full view of the purport of the entire pleadings in each statement in D’s statement of Nos. 4 through 8 (including each number, if there are serial numbers; hereinafter the same shall apply), the Plaintiff loaned KRW 165,000,000 to D, who is called the Defendant’s agent, between December 10, 208 and November 16, 2010.

B. The Plaintiff, as the agent of the Defendant, asserts that D is obligated to return the above borrowed money as long as D borrowed money was borrowed as D. As such, D’s right to represent the Defendant, D’s establishment and delivery of a loan certificate stating that “165,000,000 won from the Plaintiff is interest rate of 2% per month, and the maturity date of repayment is August 15, 2012 (hereinafter “the first loan certificate”). On June 15, 201, D’s establishment and delivery of a copy of the certificate of personal seal impression and resident registration certificate issued directly by the Defendant on the same day, D’s establishment and delivery of a new certificate of personal seal impression to the Plaintiff on behalf of the Plaintiff on November 15, 201, as D’s establishment and delivery of a new certificate of personal seal impression to KRW 165,00,000,000, and D’s issuance of a new certificate of personal seal impression to the Plaintiff on June 15, 2012.”

Meanwhile, among the evidence Nos. 1 and 2 of this case, the part in the name of the defendant among the evidence No. 1 and 2 of this case is presumed to have been established due to the lack of dispute over the defendant's seal imprint, but the above evidence and the evidence No. 1 of this case can be comprehensively seen as the whole purport of the pleading.

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