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(영문) 인천지방법원 2014.09.23 2014가합1856
대여금
Text

1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, shall be KRW 59,250,000, and each of the above amounts.

Reasons

1. Basic facts

A. The Plaintiff is producing and selling interest in the name of “E” in Seo-gu Incheon, Seo-gu. The Defendants are the father of Defendant C, and Defendant B is engaged in the wholesale, retail, import and sale of general households, office households, retail, and sales in the name of “G” from Seo-gu Incheon, Seo-gu, Incheon, and the representative of the above “G” is Defendant C.

B. On May 31, 2012, when the Plaintiff continued to trade the aforementioned “G”, furniture parts and finished goods operated by the Defendants, the Plaintiff prepared a notarial deed of a monetary loan agreement (Evidence A) by paying KRW 50 million to Defendant B. On July 30, 2013, the Plaintiff prepared a cash custody certificate (Evidence A2) while paying KRW 40 million to the Defendants. The cash custody certificate was signed by Defendant B and the personal seal of Defendant C was affixed.

C. On November 19, 2013, between Defendant B and the Plaintiff, the Plaintiff: (a) supplied 25,000 mobile parts to the “G” operated by the Defendants; and (b) drafted a statement of transactions (Evidence A 3) stating that the amount of the goods is KRW 19,250,000; (c) lent KRW 5 million to Defendant B on December 22, 2013; and (d) received a loan certificate (Evidence A 4) stating that the said amount would be repaid from Defendant B until December 24, 2013.

From June 30, 2012 to October 15, 2013, Defendant B deposited KRW 47.5 million in the account of Nonparty H, Plaintiff’s wife I, Plaintiff’s mother J, Plaintiff’s wife Nonparty J, and Nonparty K, the Plaintiff’s seat.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4 [Defendant C's assertion that Defendant B affixed the Defendant C's seal on the certificate No. 2 (cash storage certificate), but there is no evidence to acknowledge it], Eul evidence No. 1, and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion that Defendant B lent money necessary for the import of furniture and parts to the Plaintiff, and the Plaintiff’s assertion that Defendant B lent money to Defendant B on May 31, 2012, KRW 50 million, KRW 40 million on July 30, 2013, and KRW 40 million on July 30, 2013, and December 2013.

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