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(영문) 서울중앙지방법원 2018.08.22 2017나63063
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Determination on loan claims

A. 1) The facts without dispute as to the cause of a claim do not conflict between the parties (i.e., a judgment on the cause of a claim) with a loan of KRW 40,00,000,000 on January 4, 2010, and KRW 220,000 on January 22, 2010, and KRW 10,000,000 on January 27, 201, and the fact that the interest rate was set as the interest rate of the current loan, which is the interest rate of the provisional payment under the Corporate Tax Act, was determined as the interest rate of KRW 10,000,00,000 on the loan of KRW 10,00 from the preparatory documents as of April 19, 201 to the Defendant who is in the position of the auditor of the Plaintiff. However, there is no evidence that the Defendant had been 10,000,000 in the preparatory documents as of May 12, 2017.

On May 12, 2017, and the preparatory brief dated June 30, 2017, etc., asserted that “the Defendant prepared an agreement on a monetary loan without setting the date for repayment on the premise that it would hold a exhibition within a certain time limit and settle accounts,” was an agreement between the parties on the period for repayment of the loan between the parties, namely, an agreement between the parties setting the due date for payment of the loan “after the Defendant held an exhibition” as the due date for “after the Defendant held the exhibition,” and it is difficult to view that the agreement was concluded as the requirement for the claim for a loan to “after the Defendant held the exhibition” or “when the Defendant became final and conclusive to not hold the exhibition.”

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