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(영문) 대구지방법원포항지원 2020.04.23 2018가합11744
대여금
Text

1. The Defendant: (a) KRW 499,239,500 for the Plaintiff and 5% per annum from November 10, 2011 to December 31, 2018; and (b) January 201 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company whose main business is brokerage trade, and the Defendant is a company that imports coal from Russia from Russia to sell it in the Republic of Korea.

B. On September 201, the Plaintiff opened, at the Defendant’s request, a credit necessary for the Defendant’s coal import transaction in Russia in the name of the Plaintiff, and the L/C price was borne by the Defendant.

C. On September 201, the Defendant imported Russia 5,300 tons in the name of Russia under C (hereinafter “instant cargo”). Around September 201, the Plaintiff requested D Bank, a creditor bank, to issue a letter of credit for the settlement of payment for Russia paid in the name of the Plaintiff.

E entered the port of Ulsan, but E rejected loading and unloading of the instant cargo on the ground that there was no presentation of a bill of lading or a compensation note issued by the bank.

E. On October 10, 201, the Plaintiff paid the L/C price of KRW 699,239,500 ($ 596,250) to the D Bank, and received the bill of lading concerning the instant cargo (hereinafter “instant bill of lading”).

The plaintiff later delivered the above bill of lading to the defendant.

F. On October 27, 2011, the Defendant drafted a written confirmation (Evidence 1) stating that “The receipt of the instant bill of lading from the Plaintiff is confirmed)” and “The L/C No. 5300 tons of the price related to Russia (L/C No. 596,250 U.S. dollars 596,250 of the price will be remitted to the Plaintiff’s account by November 9, 2011,” respectively.

G. On May 3, 2018, the Defendant remitted KRW 200,000 to the Plaintiff’s account.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 through 6, the non-performance of evidence Nos. 7, and the defendant's seal impression, and the authenticity of the whole document is presumed to have been established.

The defendant defenses that this document is forged by the defendant's employees G at will, but a corporate seal imprint is affixed to the above document and a corporate seal imprint certificate is attached thereto.

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