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(영문) 대전지방법원 서산지원 2018.12.20 2018가합50538
대여금
Text

1. The Defendant’s KRW 350,000,000 as well as 5% per annum from February 1, 2018 to March 20, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C obtained permission from the mayor of Seosan City from the mayor of Seosan on November 21, 2006 for the construction of medical facilities on the ground of Seosan City, and promoted the opening of the convalescent hospital at all times. As the head of the administrative office of the above convalescent hospital, the Defendant, as the head of the administrative office of the above convalescent hospital, was in charge of the opening of the convalescent hospital and Eul.

B. On April 12, 2009, C and the Plaintiff agreed to establish a medical corporation in the instant building to operate a convalescent hospital and transfer 10% of the shares of the said medical corporation to the Plaintiff, if the Plaintiff sold the building E and F ground (hereinafter “instant building”) owned by the Plaintiff to C at KRW 2.3 billion.

C. On June 2, 2009, C borrowed KRW 300 million from G, H, I, and J as collateral for the instant building. On the same day, the Plaintiff created a right to collateral security of KRW 300 million with respect to the instant building to G, H, I, and J.

C did not fully pay the purchase price of the instant building to the Plaintiff. Ultimately, the instant building was sold to L, which was the third party on December 18, 2012, in the voluntary auction procedure commenced upon the Plaintiff’s application by K, another creditor.

E. Meanwhile, the loan certificate (A No. 1; hereinafter “the loan certificate of this case”) that the Plaintiff received from the Defendant states as follows: “The amount of the loan certificate, the daily fee of KRW 350 million, the F building registry will be confirmed by the debtor, and the interest and principal shall be repaid immediately after the opening of the M Hospital. The above fact is confirmed. The phrase written by the Director BOP of the N Hospital Administration Bureau and the Defendant’s signature are written.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 14, purport of the whole pleadings

2. Determination:

A. The relevant legal doctrine is presumed to be genuine when the signature, seal, or seal of the principal or of his/her agent is affixed (Article 358 of the Civil Procedure Act). Therefore, the person who prepared the private document himself/herself is presumed to be the preparing person of the private document.

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