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(영문) 청주지방법원충주지원 2017.07.13 2016가단23611
대여금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 160,000,000 and the interest rate of KRW 15% per annum from November 8, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On June 10, 2014, Defendant C prepared and delivered to D a certificate of loan to the effect that “tentative E (tentative) representative director C borrowed KRW 80,000,000 from D on February 11, 2014.” On October 28, 2014, November 28, 2014, 17, 2014; and on February 27, 2015, Defendant C paid KRW 80,000,000 to D (tentatively named “the certificate of loan verifying the existing certificate of loan”), each of the above certificates of loan issued to D in the name of “0,000,000,000,000,” and each of the above certificates of loan was divided and delivered to D in the name of “0,000,0000,000.”

B. From October 4, 2015, Defendant C borrowed KRW 160,00,00 to D with the loan period from October 4, 2015 to October 4, 2016 (hereinafter “the instant loan certificate”). Around February 27, 2014, Defendant C prepared and issued a loan certificate stating “for the purpose of returning the initial investment” (hereinafter “the instant loan certificate”). The above loan certificate bears the trade name of Defendant B Co., Ltd. (hereinafter “Defendant B”) and corporate seal impression, and the name and seal impression of Defendant C are affixed to the lower part.

C. E and F Co., Ltd. were to be established by Defendant C, and eventually did not reach the establishment.

On September 20, 2016, the Plaintiff acquired D’s claim against the Defendants based on the instant loan certificate from D on September 20, 2016, and D notified the Defendants of the said claim transfer on September 29, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendants’ summary of the Plaintiff’s assertion are jointly and severally liable for payment of KRW 160,000,000 to the Plaintiff, the assignee of the claim, as well as damages for delay.

B. The summary of the Defendants’ assertion (1) Defendant C’s implementation of G reconstruction apartment at the Cheongju-si around 2014.

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