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(영문) 전주지방법원군산지원 2015.11.24 2014가단11500
대여금
Text

1. The Defendant: (a) KRW 37,600,000 as well as the Plaintiff’s KRW 20% per annum from November 18, 2014 to September 30, 2015; and (b) October 2015.

Reasons

1. On February 2, 2014, the Plaintiff concluded a sales contract with the sales price of KRW 176,00,000 for C and 104 Dong 201 (hereinafter “instant housing”) on behalf of the Defendant Company, as to the D and Gunsan-si Building 104 Dong 201 (hereinafter “instant housing”).

On February 5, 2014, the Plaintiff paid KRW 17,600,000 to the Defendant respectively, and KRW 20,000,000 to the part payment on March 21, 2014.

On August 4, 2014, when the implementation of the sale procedure for the instant housing was delayed, the Plaintiff sent to the Defendant a certificate indicating that the instant sales contract was terminated and the sales price paid was returned, and C represented by the Defendant Company for the same month.

7. The Plaintiff sent a written confirmation to the effect that the above sales contract was terminated and the sales price of KRW 37,600,000 was refunded.

[Reasons for recognition, Gap's evidence Nos. 1 (which is presumed to be the authenticity of the entire document because there is no dispute over the part of the defendant's representative director's seal imprint) (this document is presumed to be the authenticity of the whole document. The defendant defense that Eul forged this document by stealing the seal, but it is not sufficient to acknowledge it only with the entries of Nos. 1, 2, 4, and 6-2, and there is no other evidence to acknowledge it) 2, 3, and 4 (the whole purport of the statement and pleading of the evidence No. 1), since the following stamp image of the defendant's representative director's name is recognized as being based on the seal of the defendant representative director's representative director's seal, the authenticity of the whole document is presumed to be established. The defendant defense that Eul forged this document by stealing using the destroyed seal imprint without returning it, and according to the entries of No. 3, it is recognized that the previous seal imprint was affixed to this document, but there is no other evidence to acknowledge it by misappropriation and forgery.)

2. The plaintiff's primary assertion is that the plaintiff concludes the instant sales contract with C representing the defendant, and 37,60,000 won as the down payment and the intermediate payment.

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