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(영문) 인천지방법원 2017.11.16 2017가단220521
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 81,94,758 and the interest rate of KRW 15% per annum from January 24, 2017 to the day of complete payment.

Reasons

1. As to the cause of claim

A. 1) The Plaintiff Company B (hereinafter “B”) indicated and sealed the name of the Defendant in the monetary loan agreement, which is the borrower, and attached a certificate of seal impression, and thus, the joint and several liability was explicitly provided. 2) The Plaintiff Company B (hereinafter “B”) affixed a seal on the purport that the account number is written, not on the Defendant’s joint

B. 1) The Plaintiff is a juristic person operating the building design and supervision business, etc., B is a juristic person operating the maintenance business, and B is a juristic person operating the specialized management business, etc. from March 6, 2006 to February 26, 2009, and the Defendant was appointed as the representative director B as the representative director of B on or after December 19, 2014. 2) The Plaintiff made a contract for lending KRW 40 million to B on April 30, 2007 by making a temporary payment, and the Plaintiff prepared a contract for lending KRW 20 million each month until C, D reconstruction and E Development Promotion Committee is established. ① A representative director (Defendant) affixed a corporate seal impression attached to B, ② the Defendant’s seal impression is affixed to the lower end, ③ the Defendant’s name was attached, ③ the lower bank’s new account number was stated, and the passbook is attached to the passbook.

3) Upon the above lending contract and the defendant's request, the plaintiff deposited the total amount of KRW 60 million on April 30, 2007; KRW 20 million on May 31, 2007; KRW 10 million on July 2, 2007; and KRW 10 million on January 19, 2009; KRW 30,000 on December 31, 2007; KRW 10,000 on December 31, 2007; KRW 10,000 on June 11, 2008; KRW 30,000 on August 4, 2008; and KRW 30,000 on August 15, 2008; and each of the promotion committee was registered with the rearrangement project management association in cash, respectively.

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