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(영문) 울산지방법원 2016.11.09 2015나3037
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. D is a representative director of H Co., Ltd. (hereinafter “H”) and a registration director of Defendant C Co., Ltd. (hereinafter “C”) around August 2013. The I is a registration director of H and a representative director of Defendant C, and E is a substantive representative of the Defendants as a part of I.

D, E, and I agreed to develop neighboring real estate owned by Defendant B Co., Ltd. (hereinafter “B”) in the name of Defendant C and to operate a youth camping site with the relevant authorization and permission granted.

B. Around August 2013, the Plaintiff received from D a loan certificate in the attached Form stating that Defendant C, a joint and several surety, Defendant C, a joint and several surety, a loan amount of KRW 30 million per annum, interest rate of KRW 30% per annum, and the deposit date of the loan at the time of repayment of principal and interest (hereinafter “the instant loan certificate”) and a certificate of seal impression issued by the Defendants’ corporate seal impression.

C. After that, according to the loan certificate of this case, the Plaintiff, according to the loan certificate of this case, remitted the amount of KRW 12 million to the deposit account in the name of H on August 5, 2013, KRW 300,000,000 on August 21, 2013, KRW 12 million on October 21, 2013, and KRW 3 million on October 21, 2013, respectively, and D deposited the amount of the remittance in the deposit account in the name of E’s wifeF and its form G on the date of receiving the remittance from the Plaintiff.

Defendant B paid interest on loans with the aforementioned deposited money.

[Reasons for Recognition] Fact-finding, Gap's certificate of borrowing No. 1, and the defendants' stamp image part is presumed to have been authentic in the entire document, since there is no dispute that the defendants are the defendants.

The defendants' defenses against the defendants are as follows 2-

B. (1) No rejection shall be made, as examined separately in paragraph (1).

(i) Gap evidence 2 to 5, and 9 (including branch numbers for those with paper numbers); hereinafter the same shall apply.

each entry, the testimony of the witness D of the first instance court, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the parties’ assertion is that the Plaintiff lent KRW 30 million to Defendant B via D (hereinafter “instant loan”), and the Defendant C.

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