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(영문) 대전지방법원서산지원 2015.11.03 2014가단8655
보증금
Text

1. The Defendant: (a) KRW 60 million to the Plaintiff and the Plaintiff’s 20% per annum from September 17, 2014 to September 30, 2015.

Reasons

1. Summary of the parties' arguments

A. The Plaintiff’s summary of the Plaintiff’s assertion became aware of the Defendant, the chief of the fishing village fraternity, upon introduction by Nonparty C.

On July 15, 2010, the Plaintiff entered into a supply contract with the Defendant on July 15, 2010, and received a cash custody certificate from the Defendant and deposited KRW 60 million to the Defendant.

The cash custody certificate includes C's contents, and the defendant confirmed this, stated his address, resident registration number, and name, affixed his seal and affixed his signature.

However, the defendant did not return the deposit to the plaintiff on July 31, 2012, which is the expiration date of the contract period stated in the cash custody certificate, notwithstanding the plaintiff's request.

B. On July 15, 2010, the gist of the defendant's assertion C, along with the plaintiff, requested that the defendant be found to collect sea ginseng in the vicinity of the fishing village fraternity cultivation and that the fishing village fraternity does not interfere with the fishery village fraternity. The defendant's resident registration number was stated in the blank, and the defendant stated his resident registration number and affixed his signature.

Since then C deposited 60 million won to the Defendant’s passbook, and withdrawn the above money to himself, and the Defendant withdrawn it to C.

Ultimately, since the cash custody certificate of the plaintiff's assertion was modified by C, it is not effective, and the defendant is not a party to the supply contract of the plaintiff's assertion, and the plaintiff's claim against the defendant is without merit.

2. Determination

A. According to the evidence evidence Nos. 1 and 4, the evidence No. 1 (hereinafter “instant cash custody certificate”) states that “60 million won shall be used from July 15, 2010 to July 31, 2012, and the Defendant shall pay to the Plaintiff without fail.” The Defendant’s address, resident registration number, telephone number, name, and signature are indicated, and the Defendant’s seal is affixed. The Plaintiff deposited KRW 60 million into the Defendant’s account on July 15, 2010.

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