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1. The Defendant’s KRW 50,000,000 as well as its annual 30% from November 23, 2012 to July 14, 2014 to the Plaintiff.
Reasons
1. The following facts of recognition do not conflict between the parties, or are alleged to the effect that the stamp image of the defendant representative director Gap, affixed with Gap's No. 2, is different from the stamp image of the actual defendant representative director, and is based on forged seal impression. However, it does not dispute that the defendant representative director C prepared or sealed a document. As long as C prepares a document in the defendant's name as the defendant representative director's name, even if the stamp image used for the document is different from the official seal of the actual defendant representative director, the authenticity of the document is recognized.) can be acknowledged in full view of the whole purport of the pleadings (including each serial number, if any).
around October 2012, the Defendant: (a) stored the Plaintiff as a contract performance bond in relation to the model cargo construction of “E” that is scheduled to be established at the D Day at Dong-dong, Dong-si; (b) entered into a contract for construction works by October 22, 2012 in consultation with the contractor; and (c) immediately return the said amount of custody when the contract for construction works is not concluded by October 22, 2012.
“Preparation and delivery of a cash storage certificate. Accordingly, the Plaintiff, on October 13, 2012, remitted each of the following amounts to KRW 30 million to the Defendant’s representative director C’s account, KRW 20 million on October 15, 2012, and KRW 20 million on October 15, 2012. The Defendant, on November 20, 2012, promised to pay the Plaintiff KRW 50 million, which was kept in cash until October 22, 2012, by November 22, 2012, to the effect that “In the event of default, the Plaintiff shall pay interest of KRW 36% per annum on the principal and shall be liable for civil criminal charges” (hereinafter “instant agreement”).
2. Determination
A. According to the above facts of determination as to the cause of the claim, barring any other special circumstances, the Defendant shall pay to the Plaintiff KRW 50 million pursuant to the instant agreement and as requested by the Plaintiff, the following day from November 23, 2012 to July 14, 2014.