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(영문) 서울서부지방법원 2018.07.12 2017나3943

대여금

Text

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 Plaintiff is a company that performs the work of dismantling the structure, etc., and the Defendant is a person who served as a director at the Plaintiff from February 12, 2009 to January 4, 2012.

B. The Defendant received funds of KRW 30 million from the Plaintiff around September 2001 and used them as rain funds for obtaining orders, such as removal works at the site of redevelopment improvement projects in light of light-si, but did not reach the number of orders of the relevant construction works.

C. On January 4, 2012, at the time of withdrawal from the Plaintiff, the Defendant drafted a document containing the following contents (hereinafter “instant document”) between the Plaintiff and the Plaintiff (hereinafter “instant agreement”).

C General Director 15 million won, D Deputy Director 10 million won, E Secretary 5 million won, and the above amount shall be executed to the above persons, and the above amount shall be recovered and returned until June 30, 2012, and B shall be responsible for the above amount when it is impossible to recover.

The Defendant paid KRW 10 million to the Plaintiff between January 2, 2012 and February 2, 2012.

[Reasons for Recognition] There is no dispute, Gap evidence No. 1 and the purport of whole pleadings

2. In general, in a case where the authenticity of a disposition document is recognized, the existence of a legal act in question must be recognized unless there is any clear and acceptable circumstance that denies the existence of the expression of intent expressed in the document and its content (see, e.g., Supreme Court Decision 89∑16505, Mar. 23, 1990). Thus, the existence of the agreement in this case cannot be denied without special circumstances, unless the document in this case is a disposition document that has no dispute over the authenticity of the document in this case. Thus, the defendant shall pay to the plaintiff the amount of 20 million won agreed upon under the agreement in this case and the amount of 5% per annum from July 1, 2012 after the date of delivery of a copy of the complaint in this case from July 14, 2017 to March 14, 2017; and the next day to the date of full payment shall be 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.