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(영문) 서울동부지방법원 2016.08.16 2015가합999
대여금
Text

1. As for the Defendant Han-chul Construction Co., Ltd., the amounting to KRW 599,400,000 and its amount from December 27, 2014 to the Plaintiff.

Reasons

On November 7, 2008, 100, 300/100 on 19, 200 on 19, 300 on 19, 200, 300 on 19, 200 on 19, 300 on 19, 200 on 19, 300 on 19, 200 on 19, 300 on 19, 200 on 9. 30, 200 on 19, 200 on 19, 200 on 19, 300 on 20. 4, 200 on 19, 200 on 19, 200 on 19, 200 on 19, 200 on 19, 200 on 4,200 on 19, 200 on 209.

[Ground of recognition] The defendant company did not actually receive money in the amount stated in the loan certificate of this case from the plaintiff on July 22, 2009, and the C-building Housing Association did not notify the defendant company of this circumstance and issued promissory notes without notifying the plaintiff company of this circumstance, on the ground that the defendant company written and delivered promissory notes of KRW 689,00,000 at the face value to the plaintiff company, since it did not have any claim for loans against the defendant company since it did not have any money in the amount stated in the loan certificate of this case. C-building Housing Association exempted the defendant company from its obligation of KRW 630,000 to the plaintiff on July 22, 2009.

However, as long as the loan certificate of this case is a disposal document and the disposal document is deemed to have been duly formed, the court shall have the existence and contents of the expression of intent as stated in the disposal document, unless there is any clear and acceptable counter-proof to deny the contents of the statement.

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