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(영문) 수원지방법원 2017.07.14 2015가단125766
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the request for loans

A. On July 15, 2012, Plaintiff 1) leased KRW 100,00,000 to the Defendant on a monthly basis (24% per annum) and on June 15, 2013, the due date for payment was extended to July 15, 2015. Since August 18, 2014, Defendant did not pay the interest amounting to KRW 22,00,000,000 until then. Therefore, at the time of Defendant Company’s business director, Defendant C, without authority, has the obligation to pay to the Plaintiff delayed payment of KRW 122,00,000,000, total amount of the loan interest, and the loan interest amounting to KRW 122,00,000,000,000, KRW 1222,000,000.

B. According to the evidence Nos. 1 through 3 (each cash investment plan), each of the names of the defendant company and its representative is printed, and the stamp image of the defendant company's name is affixed next thereto. However, the defendant denies the authenticity of each of the stamp image parts, and the statement No. 7 alone is insufficient to recognize the authenticity thereof, and there is no other evidence to acknowledge it, it cannot be used as evidence No. 1 through 3.

The remaining evidence submitted by the plaintiff and the result of the response of each order to submit financial transaction information to our bank, which is a stock company of this court, are insufficient to recognize the plaintiff's above assertion, and there is no other evidence to prove

Therefore, the Plaintiff’s claim for this part cannot be accepted without need for further review.

2. The Plaintiff asserts that the Defendant is liable for employer’s liability due to C’s act.

However, Article 756 (1) of the Civil Code provides that a person who has had another person engage in a certain business using another person shall be liable to compensate for damages inflicted upon an employee to a third person in connection with the performance of his business.

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