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(영문) 인천지방법원 2017.09.06 2016가단40827
대여금
Text

1. The Plaintiff:

A. As to KRW 51,419,491 and KRW 40,000 among them, Defendant A Co., Ltd., from August 12, 2016.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”).

(8) A loan of KRW 10,00,00 per annum and KRW 12% per annum on March 11, 2015 and KRW 30,000 on June 10, 2015; ② A loan of KRW 30,00,000 per annum on March 20, 2015 and KRW 30,000 on December 30, 2015; ③ A loan of KRW 30,000 per annum on July 23, 2015 and KRW 120,000 per annum on January 30, 2016; ② A loan of KRW 20,000 on June 30, 2016; and (6) a loan of KRW 30,000 on June 30, 2015; and (7) a loan of KRW 20,000 on June 30, 201; and (7) a loan of KRW 30,016.

2) Defendant B Co., Ltd. (hereinafter “Defendant B”) guaranteed or guaranteed the debt of the Defendant A on each of the above corresponding days to the Plaintiff (hereinafter “Defendant B”).

3) On August 11, 2016, the Plaintiff was paid KRW 50,00,00 by Defendant A. [Grounds for recognition] The Plaintiff’s entry in the evidence Nos. 1, 2, 3, 5 through 8 (including the number of pages), 1, 2, 3, 5 through 8, 2, and part of the evidence Nos. 8, and the purport of the entire pleadings (the Defendant A’s judgment on the defense of evidence by the Defendant) 1, 2, 7, 13, and 15 of the borrowed witness No. 1 for the loan obligation is proved to have been duly formed.

However, in full view of the purport of the whole evidence admitted above, since all of the seals affixed to the above documents are recognized as being affixed by Defendant A’s corporate seal impression or employee seal impression, the authenticity of all the above documents is presumed to have been established.

Defendant B shall be entitled to ①, ②, ③, and ③.

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