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(영문) 광주지방법원 2019.06.14 2018가단531347
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. On August 10, 2009, the Defendant drafted a loan certificate on the condition that the principal shall be paid at the same time as the principal shall be repaid to the Plaintiff, which is KRW 300,000,000, the period of repayment shall be 15% per annum when the redevelopment partnership is authorized, the interest rate shall be 15% per annum, and the

(hereinafter referred to as "the loan certificate of this case") b.

On January 5, 2010, the defendant issued a certificate of personal seal impression to the plaintiff.

2. The plaintiff's assertion and judgment

A. On August 10, 2009, the Plaintiff asserted that the Plaintiff lent KRW 300,000,000 to the Defendant as cash and check at the time of the Plaintiff’s preparation of the instant loan certificate from the Defendant. However, the Plaintiff was uneasible and uneasy, and the Defendant issued the certificate of personal seal impression to the Plaintiff on January 5, 2010.

Since then, the authorization for establishment of the Housing Redevelopment Association has been made and the maturity has arrived.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 300,000,000 and interest or delay damages from August 10, 2009 to the day of full payment.

B. On August 10, 2009, the Plaintiff received a certificate of the instant loan from the Defendant, and on January 5, 2010, received a certificate of the personal seal impression from the Defendant, as seen earlier.

However, in full view of the evidence Nos. 1 and 3 of this case and the purport of the entire argument as a result of the Defendant’s examination, the Plaintiff asserted that the Defendant, who was in charge of the general affairs of the C&A committee, as an appellant, requested to lend KRW 300,000 to the 300,000,000,000, out of the expenses for holding a general meeting of association members who dismissed the chairman at the time. Accordingly, the Defendant asserted that, instead of the Plaintiff’s burden, the Defendant prepared the loan certificate of this case and promised to take responsibility for the said money at the time of approving the establishment of the association.

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