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(영문) 수원지방법원 2016.09.21 2015가단100255
대여금
Text

1. The Defendant’s KRW 22,400,000 as well as 6% per annum from October 20, 2012 to October 2, 2014 as to the Plaintiff.

Reasons

1. 【Evidence” 1-1 (Evidence, Defendant’s name, as there is no dispute over the subsequent stamp image, and the authenticity of the entire document is presumed to have been established. The Defendant received a request from D to change a certificate of seal impression and a certificate of seal impression necessary for the registration of an officer due to the expiration of the term of office of the representative director of the Dispute Resolution Co., Ltd. at the time, and there is no evidence to prove that the above loan certificate was forged, but there is no evidence to prove that it was forged) 2, 3, 12 through 6

A. A. The Co., Ltd. requested that D shall use and return the road construction business to the Plaintiff only for six months, and requested D to lend KRW 50 million to the Plaintiff, and the Plaintiff demanded D to guarantee the Defendant’s joint and several sureties who is the representative director.

D On December 28, 2010, the loan amounted to KRW 50 million, the due date for payment was seven months after July 31, 201, and the interest rate was 30% per annum, and the joint and several sureties was issued to the Plaintiff.

On the other hand, the above loan certificate was affixed with the corporate seal impression of the Co., Ltd and the defendant's seal imprint, and the defendant's certificate of personal seal impression issued on December 24, 2010 was attached.

B. On December 31, 2010, the Plaintiff entered the other party as “C” and remitted KRW 30 million to the other party.

On the other hand, the defendant paid the above money to E for road construction business.

C. The Plaintiff received KRW 10 million from September 28, 2012 in the name of “D”, and KRW 5 million from October 19, 2012 in the name of “ABA” and “ABA”.

2. According to the facts of recognition as above, the Defendant is obligated to pay to the Plaintiff KRW 30,00,000 and the interest amount of KRW 1,230,922 (=30,000 + 1,230,000 + 230,922) and interest amount of KRW 30,000 per annum from October 20, 2012 to October 19, 2012 (i.e., the delivery date of a copy of the complaint of this case), as requested by the Plaintiff, to the Plaintiff at a rate of 30% per annum from October 20, 2012. As such, the Defendant is obligated to pay the Plaintiff the interest amount of KRW 22,40,000 and the interest amount of KRW 22,40,00,00 and the day following the date of the final repayment.

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