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(영문) 의정부지방법원고양지원 2017.09.01 2016가단10028

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff transferred KRW 3,00,000 to the account under the name of the Defendant B, including expenses for seeking certificates of deposit to D and Defendant B, etc. < Amended by Presidential Decree No. 18741, Jun. 23, 2005; Presidential Decree No. 18870, Jun. 26, 2005; Presidential Decree No. 18870, Jun. 28, 2005; Presidential Decree No. 17807, Sep. 10, 2005; Presidential Decree No. 19073, Nov. 4, 2005; Presidential Decree No. 19075, Nov. 27, 2005; Presidential Decree No. 191748, Dec. 13, 2005; Presidential Decree No. 19173, Jun. 28, 2005; Presidential Decree No. 19150, Nov. 30, 2006>

B. On March 28, 2006, the Defendants prepared and delivered a cash custody certificate as follows to the Plaintiff. At the time, the Defendants merely stated that “the fixed amount was received on March 200,” and did not indicate the date.

Japan: 45,00,000 Won (45,000) as above shall be received on the 200th day of 200 and shall prepare a deed and write its name and affix its seal to it in order to ensure the receipt (storage) of the above amount.

Defendant B guarantor C on March 28, 2006

C. On the same day, Defendant B prepared and delivered to the Plaintiff a letter stating “I, from May 2005, incur damages to KRW 45,000,000 as agreed money on condition that I would exchange various bonds to F and the Plaintiff, and will be subject to criminal punishment, but will compensate for the damages and receive a letter of request,” and Defendant C signed and stamped as the guarantor.

On November 2006, the Plaintiff filed a complaint with the Defendants, and subsequently supplemented the said cash custody certificate stating that “the amount of money will be received on April 30, 2006.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendants are jointly obligated to pay to the Plaintiff the agreed amount of KRW 45,000,000 based on the cash storage certificate and each letter of contract and delay damages, barring any special circumstances.

B. As to the defenses of invalidation or revocation on the ground of one’s coercion as to the defendants’ defense.