(영문) 서울고등법원 2015.04.09 2014나26462

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(영문) 서울고등법원 2015.04.09 2014나26462

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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff prepared and delivered a cash custody certificate to the Defendant on December 26, 2003, and issued it to the Defendant by preparing a cash custody certificate stating that “The Plaintiff would have been 20 million won out of the amount of KRW 220 million up to October 31, 2004, the interest shall be deemed to be the Defendant. Of the amount of KRW 330 million up to March 30, 2004, the Plaintiff appears to have been 30 million out of the amount of KRW 330 million, and the amount of KRW 30 million shall be deemed to have been the interest.” The Plaintiff issued a cash custody certificate stating that “The Plaintiff shall each be repaid.” (hereinafter “the first cash custody certificate of this case”).

B. The Plaintiff’s issuance, delivery, etc. of each of the following documents and each of the cash storage certificates against the Defendant (1) with respect to KRW 220 million of the initial cash storage certificate of this case, the Plaintiff borrowed the money borrowing certificate (hereinafter “the first loan certificate of this case”) stating that “The Plaintiff’s maturity on December 19, 2005 from the Defendant on August 30, 2006 shall be set at KRW 260 million (including interest on KRW 220 million of the previous principal and interest, including interest)” around December 19, 2005 (hereinafter “the first loan certificate of this case”).

(1) On January 1, 2005, a cash custody certificate stating that “the Plaintiff received KRW 260 million from the Defendant on January 1, 2005 (hereinafter “instant cash custody certificate”)” (hereinafter “the instant cash custody certificate”).

(2) On December 20, 2005, the Plaintiff prepared a monetary loan certificate (hereinafter “the second loan certificate of this case”) stating that “The Plaintiff received KRW 50 million from the Defendant on December 30, 2006 at KRW 420,750,000 (including interest at KRW 330,000,000,000,000,000,000)” (hereinafter “the second loan certificate of this case”) with respect to KRW 330,000,000 of the initial cash deposit of this case, and the Plaintiff revised the “5,005,000,000,000,000,000,000,0000,000 won from the Defendant on December 20, 2005.”

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