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(영문) 서울중앙지방법원 2013.08.23 2013가합506179

대여금

Text

1. All claims of this case are dismissed.

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

Reasons

1. Determination on loan claims

A. On this part of the claim that the Plaintiff sought the payment of KRW 100 million to Defendant B, Defendant B agreed on March 26, 2012 to pay the Plaintiff and the said KRW 100 million to the Defendant Company (Evidence B (Agreement) and accordingly, Defendant B paid all KRW 100 million to the Defendant Company. Therefore, the Plaintiff’s loan claim was extinguished.

Accordingly, the Plaintiff recognized that the agreement was signed and sealed by the Plaintiff on March 26, 2012 (hereinafter “instant agreement”), but the actual agreement was decided to pay the Defendant Company’s Samsung Mutual Savings Bank account in a manner of deposit. However, Defendant B’s modification of the phrase as if it was agreed that the payment was made in a manner of deposit in the account of the Defendant Company’s Samsung Mutual Savings Bank’s Samsung Mutual Savings Bank in the course of the preparation of the said agreement was made by Defendant B without finding an error, and the said agreement was forged by Defendant B, and thus, Defendant B’s payment of KRW 100 million to the Defendant Company is invalid as repayment of the Plaintiff’s loan claims.

Therefore, the issue of this part is whether the agreement of this case was prepared differently from the actual contents as alleged by the plaintiff.

B. Determination 1) According to the following [based grounds for recognition], the following facts are recognized. ① The Plaintiff is a business establishing a logistics center in Gwangju City D D (hereinafter “instant business”).

Defendant Company (at that time, the name of the Corporation was “Company E”.

A stock company shall be indicated as "the plan for the settlement of disputes".

A. Around December 2010, a contract was entered into between F and F to transfer the shares of the Defendant Company and the foregoing business rights.

The transfer proceeds agreed that F shall pay the interest on the debt amounting to KRW 2.4 billion to Samsung Samsung Mutual Savings Bank, which is located in the dispute settlement agreement.

D. The Plaintiff’s wife H.