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(영문) 부산지방법원 2014.12.09 2014가단877

대여금반환

Text

1. The Defendant’s KRW 11,500,000 and KRW 10,000 among the Plaintiff’s KRW from December 31, 2011 to KRW 1.5 million. < Amended by Act No. 11606, Mar. 2, 2013>

Reasons

1. Basic facts

A. The Plaintiff is a company whose representative director is C, and D is the wife of C.

The defendant is a company operated by E while it serves as a representative director.

B. D lent money to the Defendant (hereinafter “instant loan”) as follows:

A KRW 6 million on October 25, 201, the due date for repayment of KRW 4 million on November 30, 201, the due date for repayment of KRW 7 million on November 30, 201, the due date for repayment of KRW 500,000 on November 30, 201, and the due date for repayment of KRW 1 million on August 7, 2012, the due date for repayment of KRW 500,000 on August 20, 2012.

C. On September 17, 2014, D transferred the instant loan claim to the Plaintiff, and notified the Defendant of the transfer at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3-2, 3, 4, 5, 8, 9, and 4, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff, the transferee, the amount of KRW 11.5 million ( KRW 6 million KRW 4 million KRW 5 million KRW), and to pay damages for delay at the rate of KRW 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from December 1, 201, the day following the due date for payment, to December 10, 201, for KRW 1.5 million from December 10, 2013 to December 9, 2014, each of which is the day following the delivery date of the copy of the complaint of this case, to the day following the delivery date of the copy of the complaint of this case, and from the next day to the day of full payment, to the day of full payment.

3. The defendant's assertion argues that since the defendant himself paid KRW 10 million out of the loan of this case, the loan of this case remains only KRW 1.5 million ( KRW 1.5 million-1 million).

The plaintiff asserts that the above repayment amount was paid by E as a repayment of another debt to the plaintiff.

In the name of E, the fact that KRW 500,000,000 is paid to D in the name of F Co., Ltd. of another company run by E, as of January 20, 2012, and KRW 5 million on February 1, 2012, there is no dispute between the parties.

On the other hand, according to the evidence Nos. 4 and 5, E requests from C on December 2, 201 to help the Busan Viewers G to Grade V to Grade IV.