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(영문) 춘천지방법원강릉지원 2016.01.12 2015나5245
청구이의
Text

1. The judgment of the court of first instance is modified as follows.

A notary public against the plaintiff is a law firm.

Reasons

1. Following the facts of recognition do not conflict between the parties, or there is no dispute between the parties, as to the entries in Gap evidence Nos. 1, 2, 5-1, 5-2, Eul evidence Nos. 1, 2, 2-2, 3-1, 3-2, and Eul evidence Nos. 4 through 6 (the following stamp image of the plaintiff's name in Eul evidence No. 1-1 and 2 is based on the plaintiff's seal, the authenticity of the entire document is presumed to have been established. The plaintiff defense to the effect that each of the above documents was forged, but no evidence exists to acknowledge it), Gap evidence Nos. 7, and Eul evidence No. 7 may be acknowledged by taking into account the whole purport of the pleadings.

On December 12, 2013, the Plaintiff, the Sora Development Co., Ltd. (hereinafter referred to as the “Erash Development”), and C (hereinafter referred to as the “Plaintiff, etc.”) entered into a contract under the following terms (hereinafter referred to as the “instant investment contract”) with D who represented the Defendant, on December 12, 2013. Accordingly, the Defendant remitted KRW 10 million to the Sorash Development on the same day.

1. The purpose of this contract is to contribute money to the defendant in raising the operating expenses necessary for the operation of the Sorain Development by the plaintiff etc.

② The Defendant’s investment amount is KRW 10 million, the investment period is one month, the repayment amount is KRW 30 million, and the repayment date of the investment amount is January 12, 2014.

(3) The guarantee of the investment amount shall be issued with a notarized promissory note affixed by the plaintiff, etc. to the defendant.

(4) The payment of the investment money shall be made to the new bank account for the Dominne Development (100-028-89) and the repayment of the investment money shall be made to the defendant's national bank account (E).

(5) When the plaintiff et al. becomes due to the repayment date, the defendant shall immediately exercise the right to demand legal reimbursement and shall compensate the plaintiff et al. three times the amount of the repayment agreement, and the defendant may claim three times the amount of the repayment agreement as damages.

B. On December 17, 2013, the Plaintiff et al. entered into the instant contract with D that represented the Defendant, and the following terms and conditions are as follows.

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