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(영문) 서울고등법원 2020.01.30 2018나2057477
대여금등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is the representative director of U Co., Ltd. (hereinafter “U”) established around September 1, 2009 for the purpose of gold-type production, etc., and the Defendant is the representative director of D Co., Ltd. (hereinafter “Co., Ltd.”) established around March 21, 2012 for the purpose of gold-type production, etc., and the Defendant was a company established around March 21, 2012, but changed the trade name on October 5, 2012; hereinafter “instant company”).

B. 1) The Defendant, on March 16, 2012, agreed to borrow KRW 100,000,000 from the Plaintiff as of March 15, 2014 (hereinafter “the instant loan certificate”) with the effect that the Defendant would have due date set as of March 15, 2014 (hereinafter “the instant loan certificate”).

The loan certificate of this case was drawn up. The seal of the defendant was affixed to the name of the defendant, and the name of the defendant was the name of the defendant: The name of the defendant: the name of the defendant: the name of the defendant: the name of the defendant: the name of the defendant in the Seodaemun-gu Seoul Special Metropolitan City, which stated in the loan certificate of this case as of March 16, 2012 to March 15, 2014 at the time of repayment; and the defendant's name was attached to the name of the defendant (the personal seal impression) on March 16, 2012, which stated in the loan certificate of this case as of March 16, 2012 as the date of the loan of this case and as of March 16, 2012 as of February 16, 2014 as the loan of this case, and the above execution letter as of February 16, 2012 as the condition of the loan of this case.

3. In addition, as of March 16, 2012, the Defendant’s prior wife as of March 16, 2012, the date indicated in the instant loan certificate and the letter of performance.

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