beta
(영문) 수원지방법원안산지원 2019.09.20 2018가단64033

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 24% per annum from December 30, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On November 3, 2016, the Plaintiff transferred the total amount of KRW 100 million (hereinafter “the instant loan”) to an account in the name of the Defendant (a limited partnership company B before the change: C) twice, on two occasions.

B. Nonparty D was the sole general partner and representative member of the Defendant at the time of the payment of the instant loan. As of October 1, 2016, with respect to the money transaction under the preceding paragraph, Nonparty D entered the Defendant’s name as the Defendant’s representative director (which appears to be a clerical error of the representative member) and written a loan certificate with the Defendant’s seal affixed on the name immediately following D’s name (hereinafter “the instant loan certificate”). The main contents are as follows.

On October 1, 2016, the following terms and conditions shall be observed when the debtor borrowed the amount set forth above as KRW 100,000 from the creditor as operating capital for the two-month period for the Company Benefits from the creditor.

- Details of the arrangement -

1. The debtor shall pay to the creditor interest equivalent to twice a month on the 30th of each month;

2. The agreed date for repayment of bonds shall be two months;

3. The obligor’s rights will be transferred to all creditors if the obligor fails to repay within the due date.

[Ground of recognition] Facts without dispute, Gap 1 to 6 evidence, Eul 1 and 2 evidence (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The defendant asserts that the authenticity of the loan certificate of this case was made by misappropriation of the defendant's seal and the third party prepared the loan certificate of this case (A No. 3-2).

In other words, the following circumstances, i.e., ① the Defendant’s seal affixed to the loan certificate of this case by E, the Defendant’s work as the Defendant’s managing director, who is the Defendant’s general partner D’s child, and ② A’s loan certificate of this case under the name of the Defendant.