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(영문) 대구지방법원 2015.04.28 2014가단116490

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion that the Plaintiff Company A (hereinafter “Plaintiff Company”) provided loans to the Defendant medical corporation several times from 2011 to 2012 at the Defendant’s request from the Defendant, and on June 11, 2012, the loans amounted to KRW 500,000,000 in total, and the loans amounted to KRW 500,000,000.

On March 21, 2014, the Defendant delivered 100 million won in cash to the Plaintiff with the face value of KRW 100 million in its own check and exchanged two promissory notes with face value of KRW 100 million in cash.

The defendant does not pay the remainder of KRW 100 million.

2. Determination on the cause of the claim

A. The facts below the facts are acknowledged as being in dispute or as being together with the overall purport of the pleadings in each entry in Gap evidence Nos. 1 through 7.

(W) The sum 500,000,000 of the receipt of the loan shall be the sum 50,000

1. Interest - Interest free;

2. Date of performance - The consultations shall be made after the end of each year.

3. On June 11, 2012, the borrower was unable to transfer to a third party without the borrower’s consent, and on June 11, 2012, the B president of the medical corporation B (corporate seal) D (resident registration number) and E (resident registration number), the following:

At the time of the preparation of the above loan certificate, two copies of Promissory Notes with a face value of 100 million won were delivered to E.

On March 21, 2014, between the date of preparation and the borrower column on the above loan certificate and the lender column, the Plaintiff Company arbitrarily stated that “The cash 100 million won and the cashier’s checks paid 100 million won on March 21, 2014 on the commercial loan and 200 million won on the cash 10 million won, and the check 200 million won on the date of repayment are kept as collateral for the borrowed bill.”

Defendant Corporation remitted KRW 100 million to D on March 21, 2014, and D deposited KRW 100 million into the Daegu Bank Account in the name of E.

(F) The Plaintiff Company paid two copies of the check-up bill to the Plaintiff Company on May 14, 2014.