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(영문) 수원지방법원 2016.06.10 2015가합64172

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 450,00,000 and the interest rate of KRW 15% per annum from May 16, 2015 to the date of full payment.

Reasons

1. According to the purport of the entire statements and arguments as to Gap evidence Nos. 1, 2, and 1, 2,000 won of the claim amounting to KRW 250,000,000,000,000 won, and KRW 5,000,000 on August 8, 201, and KRW 5,000,000 on March 9, 201 without due date for repayment and interest.

According to the above facts, the defendant is obligated to pay the plaintiff a total of KRW 250 million (= KRW 50 million KRW 50 million) and damages for delay.

2. According to the purport of the Plaintiff’s respective statements and arguments Nos. 2 and 1 and 2 as to the claim amounting to KRW 200 million, the Plaintiff’s representative director, B, as the Defendant’s corporate bank account (375-076-6-01-23) may be acknowledged as having deposited KRW 200 million on September 15, 201.

While the Plaintiff asserts that the above KRW 200 million was leased to the Defendant, the Defendant asserts that the Plaintiff’s representative director was not obligated to pay the above KRW 200 million to the Defendant, as the Plaintiff’s representative director lent the Defendant personally.

If Gap evidence Nos. 1, 2, and 4 and 9 are added to the purport of the entire pleadings, the following facts can be acknowledged: (i) the plaintiff and the defendant have made an agreement on a monetary loan for consumption of KRW 200 million on September 15, 201; and (ii) the fact that KRW 200 million has been withdrawn to pay to the defendant from the account in the plaintiff's name on September 15, 201; (iii) according to the above facts, the plaintiff may be deemed to have deposited money in the account in the defendant's name as the representative director; and therefore, (iv) the plaintiff additionally lent KRW 200 million to the defendant on September 15, 2011.

Even if B voluntarily lends KRW 200 million deposited by B as the Defendant’s argument to the Defendant, and if B added the purport of the entire argument in the entry of the evidence No. 3, B transferred a loan claim of KRW 200 million to the Defendant on December 18, 2015, and transferred the said claim to the Defendant on the same day.