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(영문) 수원지방법원 2016.06.29 2015가단39667
탁송료 및 대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. On March 20, 2012, from March 20, to May 8, 2012, the Plaintiff, upon receiving a request from the Defendant, performed the consignment business of KRW 4 million (including the consignment fee, the oil supply fee, and other expenses) using a vehicle from the Plaintiff or a third party. On December 2012, 2012, the Plaintiff agreed to request the Nonparty C, who was in office of the Defendant’s director, to lend money to the Defendant that the Defendant’s operating fund is required, and the Plaintiff, who visited the Defendant’s office, lent KRW 30 million to C and received KRW 1,400,000 per month.

B. The Defendant is merely paying one million won out of the above consignment fee, and does not pay the remainder of the consignment fee of KRW 3 million and the principal and interest of the above loan.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the Plaintiff the amount of KRW 3 million, the amount of KRW 30 million borrowed, the amount of KRW 30 million borrowed, and the amount of KRW 25% per annum from January 31, 2013 to February 28, 2015, deducting KRW 10,795,890 paid out of KRW 15,595,890, the amount of KRW 4.2 million paid by the Defendant, and the monthly rent of KRW 44,95,890 (= KRW 10,795,890, KRW 4200,000), and the amount of KRW 33,00,000 paid by the Defendant to the Plaintiff.

2. In the judgment of the court below, although it is recognized that Gap's seal and name plate was affixed to the defendant's seal and name plate, according to the fact-finding with respect to the Gyeyang Branch of Suwon District Court, the above seal stamp was closed on or before December 30, 2012, which is the date of the above preparation, and the other seal was reported at the time (the name of the representative director marked on the defendant's name tag affixed with the seal affixed with the seal is indicated as Eul, not as the defendant representative director at the time when the seal was affixed). Further, even according to the plaintiff's assertion, Eul requested for a loan of money and affixed the defendant's seal on the loan certificate, and even according to the plaintiff's assertion, Gap's seal was affixed to the defendant's seal on the loan certificate while receiving the loan money. Each statement of Gap 1-5 (including the serial number) is alone made to the defendant

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