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(영문) 서울중앙지방법원 2019.01.18 2017나80532
대여금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. On March 10, 2011 and March 15, 2011, the Defendant’s principal secretary D, prepared a cash carnet indicating the following contents to each Plaintiff A, and affixed the name and address of the Defendant, and the name and seal of the Defendant and the Defendant’s seal impression to the lender column at the lower end.

[No. 3. 10.3. 10. : To borrow from N.N. on March 10, 201, the above amount of 0.0 million won will be repaid in full on September 10, 201.

[The Cash Borrowing Certificate of March 15, 201] To borrow 30 million won in cash (e.g., 30,000,000) as of March 15, 201, and to repay it without molding on June 14, 2011.

A borrow three copies of A’s E/L check-day0 million won.

In addition, on October 7, 2009, the above D drafted a letter of payment in the name of the defendant, stating the following contents, to the plaintiff B, and thereafter the following modifications were made.

C H B I C H G F

C. On August 31, 2009, Plaintiff A withdrawn 70,000,000 won from his JJ Account (Account Number: K) and delivered it to the Defendant. On September 30, 2009, the Defendant sent KRW 72,100,000,000, which added the interest calculated at the rate of 3% per month to the above amount to the Plaintiff’s above account on September 30, 2009. Plaintiff A withdrawn KRW 50,000,000 from the above account on October 7, 2009.

On the other hand, on March 22, 2010, the Defendant transferred KRW 80,000 to the Plaintiff’s L Bank Account (Account Number: M).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, the defendant 1 to 3, as seen below, has forged the evidence No. 1 to 3, but as examined in the "decision on the defendant's argument" below, the above documents are recognized as the authenticity of the above documents. Thus, the defendant's assertion of forgery is not accepted.

each entry and the purport of the whole pleading

2. Determination as to the cause of action

A. According to the above basic facts, Plaintiff B’s account on October 7, 2009 to the Defendant 50,000.

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