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(영문) 서울중앙지방법원 2015.12.11 2014가단179775
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The plaintiff's assertion was operated by C Co., Ltd. (hereinafter "the non-party company"), which was engaged in the business of building and selling a set of boats, but the plaintiff introduced D to the defendant upon request by the defendant to introduce and request the person who will invest the business fund from the defendant.

D was unable to believe that the Plaintiff would prepare a cash custody certificate and pay money to the Defendant on the face of the Plaintiff. Upon the Defendant’s request, the Plaintiff prepared a cash custody certificate to pay KRW 300 million to D, and D paid KRW 200 million to the Defendant.

However, D filed a lawsuit against the Plaintiff seeking a loan against the Plaintiff who did not repay money, and the said lawsuit became final and conclusive that the Plaintiff would pay D KRW 150 million and damages for delay.

Accordingly, the Plaintiff received a decision of individual rehabilitation, and repaid D KRW 80,055,944 according to the rehabilitation decision, and repaid KRW 1,352,314 each month from August 25, 2014 to January 25, 2015.

Since the Plaintiff repaid money from D on behalf of the Plaintiff, the Defendant is obliged to pay to the Plaintiff the amount calculated by applying the rate of KRW 80,055,944, the amount that the Plaintiff already repaid to D, and the amount that the Plaintiff would repay in the future, from August 25, 2014 to January 25, 2015, the amount of KRW 1,352,314, each month.

B. The defendant's argument D is that it invests KRW 200 million in the non-party company, and the defendant does not personally borrow the above money, so the plaintiff's claim is improper.

2. Determination

A. Fact 1) On March 10, 2005, the Plaintiff prepared and delivered to D a cash custody certificate stating that KRW 300 million will be repaid to D until August 31, 2005. 2) On December 22, 2005, the Defendant, as a joint representative director of the non-party company, prepares a promissory note No. 200 million won per face value to D, and the due date for payment, as a joint representative director of the non-party company, written a promissory note No. 200 million per face value to D, and the Defendant from E. 60,000 shares of the non-party company.

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