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(영문) 서울중앙지방법원 2018.11.12 2017가단5143451
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to the plaintiff B's claim

A. On March 2, 2005, the Plaintiff embezzled KRW 150 million, among the funds received by the Defendant after filing a provisional registration with a third party on the land purchase price located in Busan Gun in early April 2007 and around October 2007, the Plaintiff embezzled KRW 100 million, including KRW 50 million and the land purchase price, KRW 50 million, and thereafter, on November 2, 2007, for the purpose of preserving the amount embezzled as above to the Plaintiff on November 30, 2007, “70 million will be paid up to January 30, 2008,” and thus, the Defendant asserted to the effect that the Plaintiff is liable to pay damages for delay to the Plaintiff only if it is aware of the loan and the sale price of the land.”

“The Defendant’s act of preparing a promissory note and a promissory note as the Defendant’s representative, which was issued with the Defendant’s certificate of personal seal impression and seal imprint, and signed it with the Plaintiff as the Defendant’s representative, and thus, the act of preparing the said promissory note and a promissory note as the Plaintiff’s representative is invalid as it constitutes a false conspiracy mark. However, according to the evidence No. 1-2 of the judgment, a promissory note No. 1 was issued on November 2, 2007, with the Defendant’s certificate of personal seal impression and seal imprint as of January 30, 2008. On the same day, the Plaintiff and the Defendant’s agent F prepared a notarial deed as of January 446 of 207, including G, but it is recognized that the Plaintiff and the Defendant’s agent prepared the notarial deed as of January 1, 207, considering the overall purport of the pleadings, F is issued by the Defendant’s certificate of personal seal impression and seal imprint.

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