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(영문) 의정부지방법원 2016.12.15 2016나58684
대여금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

The defendant shall be jointly and severally liable to the plaintiff with the co-defendant D of the first instance trial.

Reasons

1. Basic facts

A. On April 3, 2008, the Plaintiff was a co-defendant D (hereinafter “D”) of the first instance court, who was in office as the Defendant’s regular director on April 3, 2008.

(2) D) prepare a loan certificate stating that “The Plaintiff shall borrow KRW 50,000,000 from the Plaintiff and pay KRW 50,000 to the Defendant’s account in the name of the Defendant,” and that “The Plaintiff shall borrow KRW 50,00,000 from the Plaintiff and pay KRW 500,000 per month interest.”

In addition, in the end of the loan certificate, the above loan certificate was stated as "C Co., Ltd. name before the change of the defendant, the representative director F," affixed the defendant's corporate seal on the next side, and the guarantor column stated as "C Co., Ltd. D" and affixed his seal impression on the next side, and issued the defendant's certificate of personal seal impression on the same day.

3) After that, the Plaintiff received KRW 50,00,000 per month interest on the above loan from the Defendant, and received full reimbursement of KRW 50,000,000 on June 1, 2010. (B) D, on July 6, 2010, concluded a certificate of loan (hereinafter “certificate of loan”) stating that “The Plaintiff borrowed KRW 30,000,000 from the Plaintiff, and paid KRW 30,000,00 per month interest to the Plaintiff, and the date on which the Plaintiff demanded payment shall be the date on which the Plaintiff becomes due.”

And D stated "C representative E of the Co., Ltd." in the above loan certificate column, affixed the defendant's corporate seal on the next side, and attached the defendant's corporate seal on the column of joint and several sureties, stating "Executive Director D" and affixed his seal on the next side.

2) On July 6, 2010, the Plaintiff deposited KRW 30,000,000 to the Defendant’s account (hereinafter “instant lending”) (hereinafter “instant lending”).

A) Around October 2015, notified D of the repayment of KRW 30,000,000 by November 30, 2015. [The fact that there is no dispute over the grounds for recognition, and evidence A Nos. 1 through 6].

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