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(영문) 서울중앙지방법원 2020.05.20 2019나34571
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a full-time representative of C Party from April 2017, and the Defendant is a director general of the accounting division of C Party, a member of the Ethics Committee, etc. around that time.

The name of the creditor of loan certificate: The name of the debtor of Cparty: The name of the debtor of C Party: Where the interest at the rate of five percent per annum of the principal amount (one million won per annum), is in arrears even if the interest at the rate of five percent per annum of the interest on the 17th day of each month from the date of the repayment of principal is paid once again, the debtor shall lose the benefit within the deadline, and where the creditor requests the principal and interest even before the date of repayment of principal, the debtor shall make

The obligor confirms that the above amount was borrowed from the obligee under the above conditions.

Creditors B on April 17, 2017: C Party A

B. On April 17, 2017, the Defendant wired KRW 100 million to the passbook in the name of the C Party on the same day according to the loan certificate (No. 1; hereinafter “the loan certificate of this case”) as follows.

C. Since then, the Defendant filed an application for provisional seizure against the Plaintiff regarding a claim equivalent to KRW 17.8 million, which was not repaid out of KRW 100 million, as a preserved claim, and received a decision on provisional seizure of claim (this Court Decision 2018Kadan40250, hereinafter “instant provisional seizure order”) on August 27, 2018.

However, on September 5, 2018, the Plaintiff filed an objection to the provisional attachment order of this case on September 5, 2018 (this Court Decision 2018Kadan41165), and on November 28, 2018, the creditor (Defendant) was the party on duty who performed the accounting affairs of the political party; the debtor (Plaintiff) is the representative of the political party; the creditor prepared a loan certificate of KRW 100 million on his own paper and entered “Cparty A” in the debtor column as the debtor column; the creditor affixed the seal of the debtor; the creditor remitted KRW 100 million to the Cparty account on April 17, 2017; the creditor transferred KRW 82,200,000 from the C Party account from May 17, 2017 to April 12, 2018 to the C Party account; and the debtor is suspected of forging private documents by the creditor.

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