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(영문) 대전지방법원 논산지원 2018.07.12 2018가단20029
대여금
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 5% from January 1, 2016 to December 8, 2017.

Reasons

1. Facts of recognition;

A. On April 5, 2017, the Plaintiff: (a) was a company organized by CF and established; and (b) was the purpose of establishing agricultural products distribution business.

From March 22, 2012 to July 17, 2014, the defendant served as the representative director of the CF.

B. The defendant's "amount calculated" to the plaintiff.

f.I, upon receipt of the above amount from C Farming Association Corporation, prepare and affix a certificate of his custody.

Done at the end of December, 2015, a certificate of cash custody (A. 1; hereinafter referred to as the "certificate of cash custody of this case") stating "......................"

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Determination as to the cause of action

(a) Where the authenticity of a disposal document is recognized, the court shall recognize the existence and content of the declaration of intent in accordance with the content of the document unless there is any special proof, and shall not reject it without reasonable explanation.

However, the probative value may be rejected in a case where there are counter-proofs or there are reasonable grounds to believe that the contents in the document are contrary to objective truth.

(see, e.g., Supreme Court Decision 2011Da25251, Jul. 14, 2011). (B)

Examining the above facts in light of the aforementioned legal principles, as stated in the cash custody certificate of this case, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of 50 million won per annum as stipulated in the Civil Act from January 1, 2016 to December 8, 2017, which is clear that it is the delivery date of the original copy of the payment order of this case, and 5% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

C. The defendant recognized the fact that the above cash storage certificate was prepared to the plaintiff, but is present at the second date for pleading, and received the agricultural products shipping price from the plaintiff.

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