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(영문) 광주지방법원 2019.10.02 2019나51757

대여금

Text

1. The judgment of the first instance, including the claim of the Plaintiff (Counterclaim Defendant) expanded by this court, shall be modified as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. While the Defendant-friendly C received a subcontract for the Gyeonggi-do E Corporation (hereinafter “ Gyeonggi-do”) from D Company, it was requested by D Company to manage the F Corporation (hereinafter “instant construction”) and managed the instant construction site and the site.

B. The Plaintiff’s mother, including G, was 7-8 members of H organization, and around September 2012, upon introduction by the Defendant, the president of the said H organization, the Defendant, along with the Defendant, asked C, etc. to lend funds to meet the daily allowances to be paid at the instant construction work and the Gyeonggi-do construction work site.

C. From September 15, 2012 to December 23, 2012, the Plaintiff transferred the total sum of KRW 29 million to each account of the Defendant, I (the overall duties of the instant construction site), J (the site manager of the instant construction site), and K (the construction business operator performing the construction work at the construction site of Gyeonggi-do upon the request of C) as indicated in the following table. At each time of transfer, the Plaintiff drafted a transfer note as indicated in the following table.

On the other hand, the defendant was called "L" from the four people.

Plaintiff 1, 200,00,000 won, the remitter 1, 201. 5,000,000 won, the remitter 1, 2012. 5,00,000 won, /G 200,000 won on June 16, 2012 /G 3,009. 2,000,000 won, Plaintiff Lann’s liability /G 4, 4209. 18, 2012. 5,00,00,000 won, Defendant Lan’s liability /G 5,2012. 20,000,000 won, Plaintiff 6,00 K Lan’s liability for 1,000,000 won, 200,000 won, Plaintiff Lan’s 20,000 won, 209/G 209,739,209.

D. The Plaintiff received a total of KRW 24 million from the Defendant during the period from February 1, 2013 to August 28, 2014 as follows:

Defendant G G (Defendant G) of KRW 5,000,000, the remitter 1, 201. 3,000,000, the remitter 1,203.02.01. 5,000,000, the remitter 203, the remitter 200, Defendant 3, Defendant 4.