logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2018.06.20 2017가단65725
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,50,000 and the interest rate of KRW 15% per annum from November 7, 2017 to the date of full payment.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 6 (including additional numbers) as to the cause of the claim, the plaintiff was recommended by the defendant to make an investment in the table to be listed between C Co. and D Co., Ltd., and acquired 500,000 shares of C Co., Ltd. for KRW 24.5 million, and acquired 500,00 shares of D Co., Ltd. for KRW 32.5 million. However, the two companies did not have listed until now, and the rehabilitation procedure was commenced for C Co., Ltd.; the plaintiff demanded that the defendant be liable for losses; the defendant prepared and issued a loan certificate to the plaintiff on August 1, 2016.

According to this, the defendant is obligated to pay to the plaintiff 32.5 million won and to pay damages for delay calculated at the rate of 15% per annum from November 7, 2017 to the day of full payment after the delivery of a copy of the complaint of this case.

2. Judgment on the defendant's defense

A. Although the Defendant did not borrow money from the Plaintiff, the Defendant prepared a certificate of loan (No. 6) without having borrowed money, it is an expression of intention in bad faith, and the Plaintiff was aware of this, so that the declaration of intent in the certificate of loan is null and void. However, it cannot be deemed that the Defendant did not intend to pay KRW 32,50,000 to compensate for the Plaintiff’s loss. Thus, the above assertion is without merit.

In addition, the defendant prepared and changed a loan certificate with the purport that the plaintiff would not be held legally responsible for the legal liability. Thus, this is not true, and the plaintiff is also aware of it, so the declaration of intent in the loan certificate is invalid. However, there is no evidence to acknowledge it. Thus, the above assertion is without merit.

B. The defendant shall be forced by the plaintiff.

arrow