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(영문) 부산지방법원 2014.04.03 2013가단220032

보관금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from June 29, 2013 to the day of complete payment.

Reasons

1. The Defendant, around June 2006, prepared a cash custody certificate stating that the Defendant would pay KRW 30 million to the Plaintiff by June 30, 2006 (hereinafter “the cash custody certificate of this case”), barring any dispute between the parties, and thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 30 million per annum from June 29, 2013 to the day of full payment of the copy of the complaint of this case, as the Plaintiff seeks.

2. Judgment on the defendant's assertion

A. As to the process of preparing the cash custody certificate of this case, the Defendant’s submission of the written brief on January 13, 2014 to the Defendant was sculed.

As indicated in the above, the payment agreement of the cash custody certificate of this case was prepared on condition that the plaintiff actually lent KRW 30 million to the defendant and brought about to the defendant, and since there was no fact that the plaintiff actually verified or acquired KRW 30 million to the defendant, the above cash custody certificate of this case cannot have any effect, and thus, the claim of this case was unlawful.

B. Therefore, as to the payment agreement of the cash custody certificate of this case, there is a witness C’s testimony and evidence corresponding thereto, but C has a relationship between the Plaintiff and the Plaintiff by receiving 75 million won as investment money in connection with the business of this case, and it is difficult for the Plaintiff to easily believe that the testimony was in a hostile relationship with the Plaintiff by being accused of criminal complaint as a crime of fraud. There is a evidence No. 5-1 (written confirmation of D Preparation), but there is no content or suggesting the above conditions of the Defendant’s assertion in the language of the cash custody certificate of this case, and there is no agreement as to this.