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(영문) 서울남부지방법원 2017.07.07 2016나5189
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. In around 197, the Plaintiff (i) lent an additional amount of KRW 130 million to G Getype that was operated by Nonparty F, and (ii) discontinued its business, and (iii) did not receive an investment amount of KRW 130 million,00,000,000 to F at the time, and (iv) had a claim of KRW 250,000 for the total amount of KRW 120,000,000 for the said claim. However, around 200, the Plaintiff had a claim of KRW 20,000 for the loan amount of KRW 50,000 (hereinafter “existing loan claim”).

B. From February 26, 2001, F borrowed three copies (total of KRW 60 million) of the per unit number per unit of the Korea Housing and Commercial Bank, as follows, from Non-Party H, in order to repay to the Plaintiff KRW 60 million, including interest of KRW 10,000,000,000 to the Plaintiff.

① A par value of KRW 20 million (payment date, April 10, 2001) ② J par value of KRW 20 million (payment date, April 30, 2001) ③ K Par value of KRW 20 million (payment date, April 30, 2001)

C. The Plaintiff, in early 200, demanded F to lend KRW 55 million to F in order to prepare for the Lware rental deposit, and the Plaintiff was paid KRW 55 million per unit of original right issued by F, F, as security, and lent KRW 55 million to F.

In April 201, the number of shares, promissory notes, etc. issued by Mman on the basis of his bankruptcy and arrest as a violation of the Illegal Check Act, the defendant and F, on April 24, 2001, proposed that the plaintiff will pay 55 million won to the plaintiff on June 24, 2001, and that the defendant will return the current number of shares of M issuance. Accordingly, the plaintiff offered that "5 million won shall be kept until June 24, 2001," which was the plaintiff's agent as of June 24, 2001, "the cash custody certificate of this case" is "the cash custody certificate of this case" as of April 24, 2001.

and the number of shares of M issuance was returned to F.

E. C, the Plaintiff’s agent, who did not repay KRW 55 million until the date of undertaking to repay the cash custody certificate of this case, is against the Defendant on October 19, 2005.

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