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(영문) 수원지방법원성남지원 2019.01.25 2016가단211063
대여금
Text

1. The Defendants jointly set forth the Plaintiff KRW 57,00,000 and KRW 30,000 among them, from January 1, 2009 to 27,000.

Reasons

On December 8, 2008, the Plaintiff asserted that the Plaintiff lent KRW 30,000,000 to Defendant B with the due date set on December 31, 2008. On April 3, 2009, the Plaintiff leased KRW 27,000,000 to Defendant B with the due date set on July 31, 2009, and lent KRW 57,000,000 (hereinafter “the instant loan”). Defendant C guaranteed the Defendant B’s debt to Defendant B, his father.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 57,000,000 and damages for delay.

Defendant B did not borrow KRW 57,000,000 from the Plaintiff.

The Plaintiff prepared and executed a loan certificate on April 3, 2009. However, this is the Plaintiff’s request for documents to prove the source of the company’s funds in preparation for the tax investigation conducted by the Plaintiff.

Facts of recognition

- Defendant B prepared and delivered two copies of a loan to the Plaintiff, and the contents of the loan certificate are as follows.

The amount above KRW 30,00,000 is regularly borrowed (the due date for payment: December 8, 2008) from the National Assembly of the Republic of Korea to the Plaintiff on December 8, 2008 (the due date for payment: December 31, 2008). The above amount was fully borrowed from the National Assembly of the Republic of Korea to the National Assembly of the Republic of Korea (the due date for payment, July 31, 2009) (the due date for payment, July 31, 2009). (B) D representative A of the D - Defendant B issued a promissory note with face value of KRW 30,00,000,000 and delivered to the Plaintiff. The Promissory note contains each of the following descriptions: the due date is the date for payment, December 8, 2008, and the due date is September 30, 2009.

- Defendant B issued promissory notes worth KRW 27,00,000 at face value and delivered them to the Plaintiff. The said promissory notes include the issue date on April 3, 2009 and the due date on July 31, 2009.

- Defendant C, one of Defendant B’s children, prepared and proposed a payment note to the Plaintiff on January 19, 201 upon Defendant B’s request. The content of the said payment note is as follows.

A Certificate of Fact (U.S. Certificate) A, D ear 60,000,000 won.

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