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(영문) 인천지방법원 2017.04.13 2014가단68142 (1)

물품대금등

Text

1. Defendant B’s KRW 98,526,089 as well as 6% per annum from February 9, 2012 to November 20, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a stock company with the purpose of manufacturing electricity and electronic equipment, etc., and Defendant B is a person operating “C” as a presses control chain, and Defendant A is an employee of Defendant B.

B. On November 10, 201, the Plaintiff leased KRW 160,047,050 to Defendant B without any interest agreement between October 10, 201. Defendant B decided to repay to the Plaintiff the amount of KRW 13,30,000 as of the last day of each month from October 31, 2011 to December 12, 201. Defendant B, as of November 31, 201, acknowledged that there is no objection even if a compulsory execution is immediately conducted, the notary public of the No. 568 of the No. 568 of the No. 11, 201, and “the Plaintiff loaned KRW 103,479,039 to the Defendant B without any interest agreement between the Plaintiff and the notary public of the No. 1035,000 on October 10, 201, to the effect that Defendant B did not immediately perform the monetary obligation under this contract.” Defendant B, as of the end of each month from October 3131, 2014, 20139.

C. From November 1, 2011 to February 8, 2012, Defendant B repaid to the Plaintiff the sum of KRW 165,000,000 on seven occasions.

Defendant B is currently insolvent in excess of the active property.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2 (including each number in case of additional evidence) and the purport of the whole pleadings

2. According to the facts of the judgment as to the claim against Defendant B, Defendant B, as claimed by the Plaintiff, served as a copy of the complaint of this case from February 9, 2012 to February 2014, 2014, as claimed by the Plaintiff, as the date of the repayment of the above loan debt (160,047,050 won 103,479,039 won - 165,000 won - 165,000,000 won).