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(영문) 의정부지방법원 2017.12.06 2017가단858
대여금
Text

1. The Defendant’s KRW 91,704,848 as well as the Plaintiff’s annual rate of KRW 5% from December 17, 2011 to December 6, 2017.

Reasons

1. Facts of recognition;

A. The defendant is a person who served as a branch office in our bank C branch office.

B. On June 24, 2011, the Defendant copied one cashier’s check (the check number E; hereinafter “instant check”) of KRW 150,000,000 in the face value of the Defendant’s issuance of the branch office C branch office of our bank on the same day, and then issued this document (hereinafter “the instant check”) to the Plaintiff, stating that “the check number E is kept until July 7, 201,” on the face of the copy, the Defendant issued the instant check to the Plaintiff.

The check of this case was presented to the Bank on the day.

C. On August 4, 2011, the Defendant: (a) KRW 150 million in custody to the Plaintiff; (b)

8.9. Each letter of return to 9.

(d) On October 5, 2012, the Defendant prepared and delivered a letter stating “I” (hereinafter “each letter of this case”). On October 5, 2012, the Defendant written a letter to the Plaintiff that I would actively repay to the Plaintiff the balance other than the amount repaid so far with respect to D-related cash custody (150 million won).

e) The Plaintiff prepared and delivered a written statement of performance indicating “this case’s execution” (hereinafter “written statement of performance”). The Plaintiff filed a criminal complaint with the investigative agency against the Defendant on the charge of deceptioning KRW 150 million from the Plaintiff in collusion with D, and the Defendant was subject to a non-prosecution disposition (Seoul District Prosecutors’ Office 2014 Form No. 41208) that was suspected of being guilty due to lack of evidence (Seoul District Prosecutors’ Office 2014 Form No. 41208). As a result of the investigation, it was confirmed that D borrowed KRW 150 million from the Plaintiff, and that the Defendant prepared and issued the instant certificate of custody to the Plaintiff. During the investigation process, the Defendant returned the check without any time if it borrowed a certificate of custody because it temporarily requires funds to receive investment in the business, and prepared a certificate of custody by stating that “D will deposit the deposit of KRW 200 million with the Defendant’s branch office in Korea Bank C branch.”

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