logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.06.22 2015가단44136
대여금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 60 million and the interest rate of KRW 15% per annum from October 26, 2015 to the date of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff asserts that on March 4, 2013, the Defendant lent KRW 30 million, a total of KRW 60 million, to the Defendant.

B. As to this, the Defendant asserts that the above KRW 60 million was not deposited to the Defendant. At the time, C, the Defendant’s representative director, who was the Defendant, did not have the seals used by the Defendant Company, and issued each Promissory Notes (No. 2-1 and No. 2-2) in the name of the Defendant Company under the name of the Defendant Company (Evidence No. 1 and No. 3) prepared and delivered to the Plaintiff, and that, since the said Promissory Notes was notarized, the Plaintiff lent KRW 60 million to C.

2. Facts of recognition;

A. The Plaintiff transferred KRW 30 million on February 28, 2013, KRW 20 million on March 18, 2013, KRW 10 million on March 21, 2013, and KRW 60 million on March 21, 2013 to C who was the Defendant’s representative director.

B. C transferred KRW 20 million to the Defendant’s corporate account on February 28, 2013.

(No. 4). (b)

On March 4, 2013, as of March 18, 2013, the Defendant’s representative director C prepared each of the loan certificates (Evidence A No. 1 and 3) that “the Defendant borrowed KRW 30 million from the Plaintiff on March 4, 2014 and March 18, 2014,” with the Defendant’s representative director’s seal affixed to the Plaintiff as the Plaintiff’s representative director. Each of the loan certificates includes the Defendant’s name and the corporate name, the name of the representative director C, and the name of the representative director C, and C affixed the seal of the Defendant’s representative director, different from the Defendant’s corporate seal impression or employee seal affixed to

C. Also, on March 4, 2013, C issued a promissory note of KRW 30 million to the Plaintiff on the personal qualification as of March 18, 2013, and written a notarial deed on each promissory note.

[Ground of recognition] Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 2 and 3 (including each number), Eul evidence Nos. 4, Eul evidence Nos. 6 and 7, and the purport of the whole pleadings

3. Determination

A. According to the above facts, C borrowed KRW 60 million from the plaintiff on behalf of the defendant as the representative director of the defendant, and affixed the seal as the representative director of the defendant on the loan certificate.

arrow