대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On June 9, 2014, the Plaintiff received cash custody certificates (hereinafter “instant cash custody certificates”) with the seal affixed at C’s office around June 9, 2014 to pay money to C (hereinafter “C”) that sells ginseng, etc., but return it.
The amount of cash storage certificate: E business registration: The 3rd floor address of the Gangnam-gu Seoul Metropolitan Government F building: The Seocho-gu Seoul Metropolitan Government principal shall pay the said amount as interest from June 20, 2014, and on September 5, 2014, the principal shall be paid in cash.
If the above commitment has not been fulfilled, the principal recognizes that the act of fraud was committed for the purpose of drawing cash and promises to accept the civil or criminal liability without any justifiable reason and sign and seal on it.
A Return on June 9, 2014
B. The Defendant remitted to the Plaintiff KRW 100,00,000 on September 21, 2018, KRW 200,000 on February 21, 2019, and KRW 100,000 on February 28, 2019.
[Ground of recognition] The evidence Nos. 1, 2, 3, Eul No. 1, and the purport of the whole pleadings
2. Determination
A. The plaintiff, since the defendant prepared and delivered the cash custody certificate of this case to the plaintiff, the defendant asserts that he is obligated to pay the plaintiff the amount stated in the purport of the claim which was not paid out of the principal of the cash custody of this case, and the defendant prepared the cash custody certificate of this case in C, a corporation, and thus the defendant has no obligation to pay it
In light of the fact that the cash custody certificate of this case was prepared in the name C and the seal of the company, not the seal of the defendant, is affixed, and that it is difficult to see that the defendant, the representative director, and the defendant, separately from C, agreed to repay the debt when the promise was not performed, the above fact of recognition alone is indicated in the cash custody certificate of this case.