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(영문) 서울중앙지방법원 2017.07.21 2015가합26745

대여금 등

Text

1. As to KRW 56,445,568 and KRW 39,480,00 among the Plaintiff, Defendant B shall be from December 16, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On August 28, 2014, the Plaintiff entered into a partnership agreement with Defendant B to engage in electronic commerce transactions with the trade name of 50% each, and on the same day, Defendant B was registered as a joint proprietor of the business.

B. The Plaintiff’s payment of money, etc. 1) The Plaintiff’s total amount of KRW 68,300,000,000, as follows, is the National Bank under Defendant B’s name (hereinafter “National Bank”).

) Account (Account Number: E, hereinafter referred to as “instant account”).

(2) On March 18, 2014, the Plaintiff withdrawn KRW 68,30,000,000 on March 6, 2014 on the deposit date from March 27, 2014, on April 7, 2014, as follows: (a) on April 27, 2014, KRW 40,000,000 on April 7, 2014; (b) on June 4, 300,00 on June 18, 200 on June 18, 2014, KRW 68,30,000 on a total of KRW 68,30,000,00 on a cash account owned by the Plaintiff (hereinafter referred to as “new bank account number”) to KRW 10,00,00 on a cash account owned by the Plaintiff; and (c) on June 4, 2005, 2005, 2005.

In addition, the Plaintiff, from other new bank accounts (Account Number: G), to July 14, 2014, deposited KRW 3,000,000 in cash, KRW 2,000,000 in cash, respectively, and withdrawn KRW 60,000 on August 6, 2014 in cash.

3) The Plaintiff, under the name of the Plaintiff, is the UNH Investment Securities Co., Ltd. (hereinafter “NH Investment Securities”).

(C) the securities account (Account Number: H. hereinafter “the securities account of this case”).

(4) On June 24, 2014, KRW 5,000, KRW 10,000, KRW 10,000 on July 3, 2014, KRW 5,000 on July 14, 2014, KRW 20,000 on August 25, 2014, respectively, deposited KRW 2,000,000 on July 14, 2014, as indicated in the attached Table, the cashier’s checks of KRW 2,00,00,00 that were withdrawn by the Plaintiff on July 14, 2014 were paid to I or J, a land owner of Defendant C, and KRW 19,40,00 on the cashier’s checks of KRW 19,40,00 on August 25, 2014, or Defendant C’s family member, Defendant C, 1 through 818,201 or August 1, 2016.

C. Money for the plaintiff in Defendant B.