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(영문) 대구지방법원안동지원 2016.06.01 2015가단1970
대여금
Text

1. The Defendant amounting to KRW 60 million to the Plaintiff and 12% per annum from June 1, 2014 to June 1, 2016.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a subsidiary of the instant partnership corporation in which CF (hereinafter “instant partnership corporation”) invested 100% by 100%, and is a corporation operating restaurant business, agricultural product sales business, etc., and the Plaintiff is a person working as the manager of the Defendant Company.

B. The Plaintiff received a proposal from D, in which the president of the instant partnership was a director of the Defendant Company, to lend money to the Defendant Company at a monthly interest rate of 1%, and responded thereto, and transferred KRW 20 million on February 25, 2013, KRW 10 million on April 23, 2013, KRW 30 million on June 14, 2013, and KRW 30 million on each of the instant partnership corporations upon D’s order.

C. Since D, the Plaintiff: (a) written a certificate of loan on April 23, 2013 under the name of the Defendant Company stating that “the Defendant Company borrowed it from the Plaintiff until October 31, 2013; (b) attached the name of the representative director of the Defendant Company at the time when it was written; (c) attached the certificate of personal seal impression of the Defendant Company on December 27, 2012; and (d) written the above remittance amount of KRW 30 million with the certificate of personal seal impression of the Defendant Company on October 31, 2013, stating that “the Defendant Company borrowed it from the Plaintiff until October 31, 2013; and (d) written the principal amount of KRW 60 million with the certificate of personal seal impression of KRW 16 million with the name of the representative director of the Defendant Company at the time of borrowing; and (d) issued the certificate of KRW 100,000,000 to KRW 31,600,000,000.

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