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(영문) 서울동부지방법원 2014.03.27 2013가합7903
대여금 등
Text

1. The Defendant’s KRW 100,000,000 as well as 5% per annum from April 11, 2012 to March 27, 2014 to the Plaintiff.

Reasons

Basic Facts

The defendant is the representative director of the D Housing Reconstruction Project Promotion Committee (hereinafter referred to as the "Promotion Committee") composed of the D Housing Reconstruction Project Establishment Promotion Committee (hereinafter referred to as the "Promotion Committee"), the non-party E is the non-party F Co., Ltd. (hereinafter referred to as the "non-party company") who manages the rearrangement project, etc., and the non-party G is the person who operates the design business.

From July 26, 2006 to October 17, 2007, the Plaintiff deposited a total of KRW 190,000,000 as shown in the attached sheet of deposit payment (hereinafter “attached sheet”) in the account of the Defendant or Nonparty Company, as shown in the attached sheet of deposit.

(2) On January 15, 2007, the Plaintiff received a written statement from the Defendant stating the following: (a) the Plaintiff borrowed KRW 100,000,000 from the Plaintiff on January 12, 2007 with Nonparty H, a branch of Nonparty H (hereinafter “the instant deposit”); and (b) on January 15, 2007, the Plaintiff received a written statement from the Defendant stating that “the Plaintiff shall pay KRW 40,000,000 to the above loan amount of KRW 100,000,000.”

On January 31, 2012, the Plaintiff heard from the Defendant that “the Plaintiff’s money will be repaid” and waited for repayment. On April 10, 2012, the Plaintiff sent to the Defendant a certificate of demanding reimbursement of KRW 344,180,000, including KRW 100,000 under the loan certificate of this case.

[Based on the absence of dispute, Gap evidence 1-1, 3 through 13, 16 through 21, Gap evidence 2-1 (the defendant's defense that the loan certificate of this case was forged shall be judged later), two, Gap evidence 3, 4, 6 through 9, Eul evidence 1, witness H's testimony, the whole purport of the argument, and the plaintiff's assertion as to the loan claim based on the deposit of this case is designated by the defendant.

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