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(영문) 서울북부지방법원 2016.11.25 2015가단137173
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a person newly established in around 2011, who performed the duties of the president of the Korea Saemaul Bank.

B. On February 10, 2011, the Korea Saemaul Fund held an inaugural general meeting and established a legal entity around May 20, 201. At the time, investors paid the following contributions, and the Defendant’s certificate of investment affixed with the seal of the president was issued.

1D 1D 2 E 2.3. 23. 23. 20 million won, KRW 35 million on March 23, 2011, KRW 4 G G 4 G G 4 G 35 million on April 20, 2011, KRW 50 million on April 20, 201, KRW 5 H 5 H 6 I KRW 60 million on April 20, 201, KRW 5 million on April 20, 201.

C. Around April 20, 2011, each of the investments was written as a transferor, and as a transferee, the certificate of transfer was drawn up. D.

On the other hand, around May 16, 2011, the power of attorney for the preparation of authentic deeds in the name of the defendant was drawn up, and a promissory note form was printed at the bottom of the power of attorney, and the promissory note only contains a face value of KRW 300 million and the name and address of the defendant who is the issuer, and the remaining parts were in blank.

[Ground of recognition] A without dispute, Gap evidence 1 (including each number), Eul evidence 2, 3, Eul evidence 2 (including each number), and Eul evidence 2 (including each number), and the purport of the whole pleadings, in full view of the purport of the whole pleadings as a result of appraisal of appraiser L, although the defendant made a defense of forgery with the seal imprint affixed on the power of attorney, not the defendant's seal imprint affixed on the power of attorney, the defendant's seal imprint affixed on the power of attorney; however, considering the whole purport of the argument as a whole,

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 300 million to the Defendant from March 201 to April 201 of the same year with the introduction of N, which is the husband’s seat of M. However, the Plaintiff was her husband M.

The defendant borrowed the above loan and used the contribution to be paid by the investors establishing the Da, E, F, G, H, which is the investors.

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