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(영문) 전주지방법원 2017.12.22 2016가단29694
대여금
Text

1. As to the Defendants’ joint payment of KRW 40,000,000 to the Plaintiff and the Plaintiff

A. Defendant B shall complete the payment from November 12, 2016.

Reasons

1. Basic facts

A. On December 28, 2014, the Plaintiff deposited KRW 10,000,000, and KRW 30,000,000 on December 29, 2014 to Defendant B’s account.

B. On April 29, 2014, Defendant B prepared and delivered a cash custody certificate (Evidence A 1) with the following content to the Plaintiff.

Pursuant to Article 14 of the Constitution, I shall keep the full amount of the daily gold (40,000,000).

D Representative B on April 29, 2014

C. On April 28, 2016, Defendant C prepared and issued a written confirmation (Evidence A 3) as follows to the Plaintiff.

The amount set forth above shall be KRW 40,000,000,000,000,000,000 on June 30, 2016, and the payment shall be completed on August 31, 2016, respectively.

[Grounds for recognition] Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of determination as to the cause of the claim, Defendant B received KRW 40,000,000 from the Plaintiff and prepared and delivered a cash custody certificate (Evidence A 1). It is reasonable to view that the above cash custody certificate includes an agreement to return KRW 40,000,000 that Defendant B received from the Plaintiff.

Therefore, Defendant B is obligated to return KRW 40,000,000 to the Plaintiff.

In addition, as seen earlier, Defendant C agreed on April 28, 2016 to return the above KRW 40,000,000 to the Plaintiff. As such, Defendant C is jointly and severally with Defendant B and is obliged to return the said KRW 40,000,000 to the Plaintiff.

B. Determination as to Defendant B’s assertion 1) The Plaintiff, E, and Defendant B agreed to operate the real estate sales office in the mutual balance of Gyeonggi-do, and the Plaintiff was to invest KRW 40 million in the real estate sales office, KRW 60 million in E, and KRW 80 million in Defendant B. Thereafter, the Plaintiff used the investment amount of KRW 40 million as an office operating expenses upon the Plaintiff’s request, and the cash storage certificate was prepared and issued at the Plaintiff’s request. Such cash storage certificate was not the meaning of borrowing KRW 40 million, but is merely the purport of receiving the investment money simply. 2) The judgment document.

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