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(영문) 서울북부지방법원 2018.07.26 2017가합50

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant, based on the facts, gave the Plaintiff a seal on each of the following loan instruments (hereinafter “each of the loan certificates in this case”).

The repayment schedule for the borrowed money shall be determined by mutual agreement, on June 17, 201, on the date of drawing up the sequence 10,000,000, the above amount shall be regularly borrowed, and the repayment schedule for the borrowed money shall be determined by mutual agreement.

2. The above-mentioned amounts of KRW 50,000,000 on July 11, 201 shall be borrowed and the schedule for repayment of the borrowed amounts shall be determined by mutual agreement.

3. The above-mentioned amounts of KRW 20,000,000 on July 25, 201 shall be regularly borrowed, and the schedule for repayment of the borrowed amounts shall be determined by mutual agreement.

4. The above-mentioned amounts of KRW 15,00,000 on August 26, 2011 shall be borrowed, and the schedule for repayment of the borrowed amounts shall be determined by mutual agreement.

5 The above-mentioned amounts of KRW 5,000,000 on August 31, 2011 shall be regularly borrowed, and the schedule for repayment of the borrowed amounts shall be determined by mutual agreement.

6. The above-mentioned amount of KRW 90,000,000 on October 6, 2011 shall be borrowed and the schedule for repayment of the borrowed amount shall be determined by mutual agreement.

7. The above amount of KRW 120,000,000 on October 31, 2011 shall be regularly borrowed, and the interest on the borrowed amount and the method of repayment shall be determined through consultation one month after the opening of the business.

[Ground of recognition] Gap evidence No. 1 (the defendant asserted that he did not belong to the plaintiff, but there is no evidence to acknowledge it), and the purport of the whole pleadings

2. The parties' assertion

A. C, the Plaintiff’s representative director, as indicated in each of the instant loans, lent a total of KRW 320,000,000 to the Defendant from June 17, 201 to October 31, 2011, as stated in each of the instant loans. As such, the Defendant is obligated to pay the Plaintiff the total amount of KRW 320,000,000 and delay damages.

B. Each of the loan certificates of this case by the defendant was prepared in a formal manner upon C's request or by deceiving C.

In fact, the defendant, together with the plaintiff, decided to newly construct and sell urban-type residential housing, and the money received from the plaintiff is the above business.