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(영문) 부산지방법원 2018.04.12 2017나1094
대여금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Determination as to the cause of claim

A. (1) On October 1, 2008, the Defendant, C, and E entered into a partnership agreement with Defendant and E to jointly carry on the business of processing agricultural products in the name of “F” but to bear each of the investment cost of KRW 40 million.

(However, the business registration of F was completed in the name of the defendant and E. (2) from February 2, 2009 to February 2, 2009, and E was completed in the name of the defendant solely from October 20, 2009 to April 15, 2010.

Until November 2009, the Defendant maintained the partnership with C while participating in the operation of F, while the Defendant married to Busan and moved from the partnership to Busan.

(3) On or after November 2009, C has borrowed the Defendant’s business name: (50,000,000) the above amount is received on April 20, 2009: The Depository A (Plaintiff): The Recipient: B (Defendant) to make sure the receipt (storage) of the above amount, and write down this deed and affix his name and seal thereon.

The above amount shall be preserved for the purpose of purchasing the construction site operating funds and goods, and shall be returned to the recipient at the request of the custodian at the request of the return two months before the date of collection.

The interest and earnings of the above amounts shall be paid to the sum of KRW 3,000,000 on the 10th day of each month.

Recognizing that I will assume the civil and criminal responsibilities in the event of a breach of a contract.

Documents to be attached: On April 20, 2009, 1 copy of the lease contract (30 million won in the daily rental deposit): G trade name in the aftermanyang city: DF's clerical error.

On April 20, 2009, C and B prepared a loan certificate (hereinafter “instant loan certificate”) with the following contents as between C and C on April 20, 2009 and lent KRW 50 million to C.

[Reasons for Recognition] The defendant denies the authenticity of the Defendant’s seal imprint. However, the defendant denies the authenticity of the Defendant’s seal imprint.

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