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(영문) 창원지방법원 2016.12.01 2016가합51477
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 600,00,000 and the interest rate of KRW 15% per annum from May 17, 2016 to the date of full payment.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company established on July 5, 2010 for the purpose of new construction, sale, lease, etc. of a building, and the Defendant is a person who was in the position of the representative director C.

C performed the implementation of the construction work of the Eta on the ground D of Busan YY-gu D.

(Construction of the above building began from around 2009 and completed the construction on November 1, 2012). (B)

On June 25, 2009, the Plaintiff transferred KRW 267 million to the Defendant’s account under the name of the Defendant, and paid KRW 20 million in cash to F.

C. The Cash Storage Certificate (Evidence A No. 2) dated April 27, 2010 states, “The above amount shall be repaid to the Plaintiff by October 31, 201, by the Busan Metropolitan City D, G, and H’s commercial building up to October 31, 201.” The following Defendant’s seal imprint is affixed, and the Defendant’s seal impression is attached on December 16, 2010.

On March 30, 2011, the Cash Storage Certificate (Evidence A No. 3) states that “The amount is KRW 600,000,000,000 and the above amount is to be repaid to the Plaintiff up to two months after completion of the Elwork in Busan Metropolitan City Year-gu, Busan Metropolitan City.” The following Defendant’s seal impression is affixed, and the Defendant’s seal impression is attached on December 16, 2010.

E. The Cash Storage Certificate (No. 1-4) dated March 30, 2011 stated that “the amount of KRW 600 million, the amount of the said amount would be repaid to the Plaintiff by October 31, 2012 by the Busan Metropolitan City Year-gu D, G, and H’s commercial building will be repaid to the Plaintiff by October 31, 201,” and the following custodian C’s corporate seal impression is affixed, and a corporate seal imprint is attached to C’s corporate seal impression as of November 1, 201.

F. On April 27, 2010, before C was established, the Plaintiff lent KRW 300 million to the Defendant, and thereafter lent KRW 50 million to C on February 11, 201, KRW 201, KRW 100 million on February 24, 201, KRW 158,900,000 on February 28, 201, respectively, and on October 31, 201, the Plaintiff issued a cash custody certificate in C in relation to the loan of KRW 300 million on April 27, 2010 to the Plaintiff.

G. The Plaintiff around July 3, 2013.

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