logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.07.24 2012가합10731
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 115,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from January 1, 2006 to May 3, 2013.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On May 17, 2004, the Plaintiff issued a promissory note with a face value of KRW 115 million from the Defendant, the issuer, the Defendant, and the date of issuance May 17, 2004, and the due date of December 31, 2005. On the same day, the Defendant prepared and issued a notarial deed with the purport to recognize compulsory execution against the said promissory note (hereinafter “notarial deed of this case”).

B. On May 17, 2004, the notarial deed of the Promissory Notes in this case, the Plaintiff received KRW 115 million from the foreign exchange bank in the name of the Plaintiff’s private village C to the agricultural bank account in the name of the Plaintiff, and deposited the money by transferring it to the agricultural bank account in the name of the Plaintiff’s ASEAN. On the same day, the Plaintiff deposited KRW 100 million out of the notarial deed in D’s account with KRW 115 million deposited out of the above KRW 100 million to 10 million cashier’s checks on May 18, 2004, and all the above cashier’s checks were paid on May 18, 2004.

[Ground of recognition] without any dispute, entry of Gap Nos. 1, 2, and 3 (including Serial number), and the result of an order issued to submit financial transaction information to the Korean Nongsan Pyeongyang branch of this Court, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The summary of the Plaintiff’s assertion was leased KRW 100 million to the Defendant on May 17, 2004, and the Plaintiff agreed on December 31, 2005, interest KRW 15 million, and received the authentic deed of the Promissory Notes in this case. Therefore, the Defendant is obliged to pay the Plaintiff the above loan principal and interest KRW 15 million, and delay damages.

B. The summary of the Defendant’s assertion is that the Plaintiff made an investment in a press company in which the Defendant was the president, and the Plaintiff’s investment loss guarantee amounting to KRW 100,000,000 per face value and KRW 115,000,000 per share for the purpose of lending printed materials for the Defendant’s election campaign, and there was no borrowing KRW 100,000 from the Plaintiff, and the Plaintiff also paid the investment amount at all to the Defendant.

arrow