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(영문) 의정부지방법원 2018.04.19 2016가단108663
대여금
Text

1. The Defendant’s KRW 57,00,000 as well as the Plaintiff’s annual rate of 5% from February 8, 2007 to April 19, 2018, and the following.

Reasons

1. Basic facts

A. On November 16, 2001, the Plaintiff drafted a certificate of borrowing KRW 22,00,000 and the Plaintiff paid KRW 22,000,000 to the Defendant. On the same day, the Defendant borrowed KRW 22,00,000 to the Plaintiff, and the date of repayment was fixed by April 17, 2002.

(hereinafter “this case’s loan certificate”). (b)

The Plaintiff received promissory notes and KRW 35,000,000 and the Plaintiff paid KRW 35,000,000 to the Defendant around March 2002, and around that time, received promissory notes and KRW 35,000,000 issued by the Defendant.

(hereinafter referred to as “the Promissory Notes in this case”). The Promissory Notes in this case state that the date of payment is “ March 30, 2002” and the date of issuance “ November 5, 2002,” and the date of payment is earlier than the date of issuance.”

C. The Co., Ltd. (hereinafter “C”) drafted a written confirmation of KRW 50,000,000, when constructing a multi-household building on both sides of Gyeonggi-si E and F (hereinafter “Gri”) (hereinafter “C”) and employed the Defendant as a public official.

On March 15, 2003, the Plaintiff drafted a written confirmation containing the following contents together with H, an actual manager of the Defendant and C:

(hereinafter referred to as “written confirmation prior to the instant amendment”). Written confirmation Co., Ltd. C (hereinafter referred to as “C”).

) The amount of the check issued in the form of wooden official wage shall be adjusted as the purchase price for the checks in Gyeonggi-do Li-gun F (I, J, K, and KRW 50 million in the amount of the shortage shall be paid to the Plaintiff by H, with the difficult economic circumstances during which the housing project is being performed.

Date of payment by December 30, 2005

D. On June 30, 2003, the issuance of C/L shares and endorsement C representative D representative director D issued the check of par value of 22,000,000,000 and then issued the check of face value of 40,000,00 per face value of 30,000. The Defendant endorsed each of the above checks, and then ordered the Plaintiff.

C thereafter, on November 30, 2013, at the face value of KRW 22,00,000 above par value per share from the Plaintiff, and at the face value of KRW 27,000.

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