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(영문) 서울동부지방법원 2015.07.23 2015가단2387
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from December 22, 2014 to the date of full payment.

Reasons

According to Gap evidence No. 1, it is recognized that the defendant prepared a cash custody certificate as follows and delivered it to the plaintiff (hereinafter "the cash custody certificate of this case"). The plaintiff asserted that the defendant is liable to pay the amount to the plaintiff based on the cash custody certificate of this case as the cause of the claim of this case. Accordingly, the defendant asserts that the cash custody certificate of this case was prepared with respect to the amount invested by the plaintiff in Co., Ltd. (hereinafter "C"), and that the defendant is also intentionally responsible to the plaintiff, but is not liable to the plaintiff.

Therefore, in light of the following: (a) the expression “employment” (which appears to be a clerical error in the following) and the expression “investment amount” are separately stated in the language of the cash custody certificate of this case; (b) the same amount of “o0 million won” is repeatedly stated twice; and (c) immediately uses the expression “the redemption of thickness” following that, even though the purpose was to make an investment.

Even if the defendant borrowed money from the plaintiff for the purpose of investment, the essence of which is 50,000,000 won in duplicate is to pay 50,000,000 won in the name of interest separately from the principal amount of 50,000,000 won.

(C) The court below held that the defendant's claim against the plaintiff is justifiable and remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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