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(영문) 서울중앙지방법원 2017.03.23 2016가단5273720
대여금
Text

1. The Defendant’s KRW 120,000,000 as well as 5% per annum from August 31, 2014 to August 10, 2016 to the Plaintiff.

Reasons

(a).(a).

The Plaintiff and the Defendant (hereinafter “the deceased”) drafted two copies of cash storage certificates (hereinafter “instant 1 or 2 cash storage certificates”) as of March 28, 2014 and May 19, 2014 between the Plaintiff and the Defendant (hereinafter “the Plaintiff”) as follows:

(W) The said sum shall be kept and received from A on March 27, 2014, 2010,000,000 won (Won 60,000,000).

Date of performance:

1. 30 million won (Won 30,000,000) not later than May 27, 2014;

2. Attachment of 30 million won (Won 30,000,000) not later than June 30, 2014:

1. A copy of the business registration certificate;

2. Loaned on March 28, 2014 of a certificate of the seal impression of a corporation: The above amount shall be kept and received from A on May 19, 2014, by the representative director C (person) of B Co., Ltd., which is the cash custody certificate of D: 10 million won (Won 60,000,000).

Date of performance:

1. To repay 60 million won (Won 60,000,000) by July 31, 2014;

*The investment profit shall later be a borrower on May 19, 2014: The representative director C (person) of the B Co., Ltd. (2 cash custody certificate of this case) N.

B. Under each of the instant lending agreements, the Plaintiff delivered KRW 30,000 to the Deceased in cash on March 29, 2014, and transferred the remainder KRW 90,000 to the Deceased’s account.

C. On the instant 1 cash storage certificate, the deceased stated that “the date of temporary payment (the extension of two months) was August 30, 2014,” and signed thereon.

[Ground of recognition] Each entry of Gap's evidence Nos. 1 and 6 (the defendant's seal affixed to Gap's evidence Nos. 2 and 3 is affixed with the defendant's seal, and it is presumed that the authenticity of the whole document is formed) and the purport of the whole oral argument

2. Determination on the cause of the claim

A. According to the above recognition of the obligation to pay a loan, barring any special circumstance, the Defendant, pursuant to each of the instant lending agreements, shall provide the Plaintiff with a total of KRW 120 million (=30 million KRW 30 million) and its final extension.

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