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(영문) 대전지방법원홍성지원 2015.05.14 2014가합1475

사례비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. A decision on the cause of a claim shall be made to pay by December 30, 201 to the Plaintiff, who resides in the G apartment No. 103 Dong-si 103 Dong-dong 401, an amount of KRW 270,000,000,000, received from the F hotel in Bo Young-si, Co., Ltd., and the amount of KRW 52,50,000,00,000,00

A evidence No. 1-1 (U.S. written rejection, Defendant’s assertion that the above document was forged, but the authenticity of the premise of the document is presumed to have been established due to the lack of dispute in the part of the Defendant’s seal image of the above document, and the statement of evidence No. 2 is insufficient to acknowledge the fact that the above document was written against the Defendant’s representative director’s will or without his will, and there is no other evidence to acknowledge it, and the above assertion is not accepted) and each statement of evidence No. 1-2 of the evidence No. 1-2, comprehensively taking into account the overall purport of the pleadings, it is recognized that the Defendant’s representative director D’s representative director at the time of the Defendant (C.S.) prepared a statement of payment that would pay KRW 270 million to the Plaintiff (hereinafter “instant payment rejection”) as follows.

On the other hand, the plaintiff is a person who received KRW 50 million from D.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of KRW 220 million (=270 million - 50 million) and damages for delay.

2. Judgment on the defendant's assertion

A. The defendant asserts that the defendant cannot respond to the plaintiff's claim for the following reasons.

1) The instant payment memorandum was made out by means of a false conspiracy between the Plaintiff and D or a false intention expression, and is null and void. 2) The Plaintiff, on October 26, 201, transferred the corporeal movables of the Defendant’s hotel owned by the Defendant, instead of the case cost based on the instant payment memorandum, and thus, the Plaintiff’s claim against the Defendant was extinguished.

3 The Plaintiff shall be paid KRW 250,000,000 from D individuals after the completion of the instant payment memorandum.