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(영문) 부산지방법원동부지원 2015.02.10 2014가단207155
대여금
Text

1. The defendant shall pay 30,160,000 won to the plaintiff and 15,160,000 won among them to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant is a company established for the purpose of developing and manufacturing alternative energy, construction of facilities, etc., and C used the office of “the vice president” of the Defendant from July 201 to July 2013 to the first police officer, and took charge of the Defendant’s financing business.

B. On December 28, 2012, the Plaintiff received a request from C to lend money to the Defendant, and issued a cashier’s checks of KRW 30 million at the point of the NAFF branch, and said request to C, and C deposited the money into the NAF account in the name of the Defendant.

C around that time, the Plaintiff and the KRW 30 million were written on June 30, 2013 on the date of maturity and on June 30, 2013, stating that they borrowed KRW 350,000 per month, and affixed their seals at the bottom of the deed, stating that “the vice president C of the Defendant representative director D’s representative director C.”

C. On January 10, 2013, upon request for a loan, the Plaintiff: (a) opened to C a total of KRW 1,000,000 cashier’s checks, and KRW 10,000,000 in cash, and (b) deposited the said KRW 10,000,000 in the bank account under the name of E by visiting the Daegu Bank D branch as a director of C and the Defendant, and the Defendant’s representative director D, together; and (c) deposited the said KRW 10 million in the said bank account under the name of E.

C around that time, the Plaintiff and the KRW 10 million were written on June 30, 2013 on the date of maturity and on June 150, 2013, with the statement that they borrowed KRW 150,000 per month, and the signature was affixed at the bottom of the document stating “the vice president C of the Defendant representative director D” and affixed his seal.

On March 28, 2013, the Plaintiff issued a certificate that the Defendant’s representative director D paid KRW 5 million in cash upon the Defendant’s request for a loan, and C around that time prepared that the Plaintiff and the Plaintiff borrowed KRW 5 million in cash as KRW 80,000 on June 30, 2013, and interest monthly, and signed and sealed the certificate at the bottom of the certificate, stating that “the vice president C of the Defendant representative director D’s representative director C” is “the vice president C of the Defendant representative director D” and affixed his seal.

E. On February 2013, the Plaintiff repaid the borrowed money to C.

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