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(영문) 수원지방법원 2017.03.08 2015가단38237
지불각서금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Evidence 【Evidence】1, A8, A10, A1, B-1, and B-1 through 12, B-1, 2, B-4, and B-5, and the purport of the whole pleadings;

A. C had claims worth KRW 170,000,000 for D and E.

D agreed to settle C and debt as KRW 100 million and pay KRW 100 million to C in the manner of deposit.

E paid KRW 50,000,000 to D in lieu of D, and D deposited KRW 100,000 to C’s account.

B. Around August 2014, D became aware of the Defendant’s representative director F through E, who was the birth of D, and F allowed D to deliver one of the office books to D and to be used together with the office.

At the time, F transferred 13 lots of land, such as Gyeonggi-gu G Forest G, Gyeonggi-do, and 1,724 square meters, under the name of the defendant, and promoted the development project of the electric source housing site. In order to do so, it was necessary to have approximately KRW 8 to90

C. While F was aware of a financial institution’s loan for the purpose of raising business funds, D said D said that it would be possible for F to obtain a loan from the Incheon Savings Bank around September 2014.

D requested the company to prepare and change a statement of payment that there is D's interest in the company while providing D's loan in order to arrange the loan and obtain the loan without good cause.

D A written statement of payment stating that F has a claim of KRW 70 million (hereinafter referred to as “written payment rejection around September 2014,” and requested F to affix his/her seal on September 2014, and F affixed his/her seal on the letter of payment around September 2014.

1) At last, F heard the speech that it is possible to loan a legal entity from another borrower and that D does not need to have any equity interest, and demanded D to return a written request for the return of payment around September 2014 of the instant case. 2) A factual confirmation (B 4; hereinafter “instant factual confirmation”) around October 2014 of D’s name (hereinafter “instant factual confirmation”).

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