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(영문) 서울서부지방법원 2014.05.16 2012가합7984
대여금
Text

Defendant’s KRW 570,00,000 among the Plaintiff and KRW 300,00,000 among them, shall be from May 23, 2012, and KRW 270,00,000.

Reasons

Basic Facts

The plaintiff and D are related to each other as those who operate real estate brokerage business.

From 2005 to 2009, the Defendant has engaged in monetary transactions with D while carrying on the business of selling and selling D and new buildings.

On December 30, 2011, stating the purport that “the Defendant borrowed KRW 300,000,000 from the Plaintiff,” the Defendant was written with a loan certificate dated 30, 201 (Evidence A; hereinafter the same shall apply), and on the bottom of the above loan certificate, the name, signature, and resident registration number before the Defendant’s name was entered.

Upon receipt of a loan certificate stating that “The Defendant borrowed KRW 570,000,000 from the Plaintiff on May 23, 2012 as interest rate of KRW 3% per month and May 29, 2012,” and that “The Defendant borrowed KRW 570,00,000 from the Plaintiff on May 23, 2012, Party A

1. At the bottom of the above loan certificate, the name of the defendant was written on June 5, 2012, and the seal affixed to the defendant's name was affixed. The amount of KRW 570,00,000 of the loan certificate No. 2 was included in KRW 300,000 of the loan certificate No. 1 of this case. "450,000,000 was borrowed from D and collected from D and paid to D by June 27, 2012." At the bottom of the above loan certificate, the above loan certificate No. 2 of this case was written on June 1, 2012 (No. 3; No. 3; hereinafter the above loan certificate of this case); the name of the defendant, resident registration number was stated on the bottom of the above loan certificate; the defendant's name was stated on the loan certificate No. 570,000; and the defendant's name was stated on the loan certificate No. 2 of this case; the defendant stated on the whole loan certificate No. 1 of this case No. 2 of this case;

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