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(영문) 수원지방법원 2016.12.22 2015가합6565

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 293,668,00 and the amount of KRW 260,000 among them, from November 1, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff directly leased the instant store to the lessor and paid KRW 300 million deposit to the lessor when the Defendant operated the restaurant at 101,00,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000

B. Accordingly, on November 2, 201, the Plaintiff, from E and F, leased the instant store from the E and F with a lease deposit of KRW 300 million, monthly rent of KRW 16.5 million (including value-added tax), and from November 24, 201, the lease term of the instant store from November 25, 201 to November 24, 2014. On the same day, the Plaintiff concluded a sublease contract with the Defendant for the instant store under the same conditions as the said lease contract with the Defendant, set the repayment period for the said KRW 300 million as the expiration date of the lease term of the instant store, set the repayment period for the said KRW 300 million as the expiration date of the lease term of the instant store, and written a loan certificate of KRW 200 million as the interest rate of KRW 300 million as the 1.2% per month

C. On November 25, 201, the Plaintiff paid KRW 300 million deposit to E and F. D.

The Defendant operated a restaurant with the trade name of “G” at the instant store, and operated the said restaurant only until October 30, 2013 as the lease contract on the instant store was earlier cancelled, and thereafter, operated the said restaurant with the trade name of “H” at the Y-dong of the Seosung-si Hospital.

E. In the course of opening the H cafeteria, the Defendant received a provisional coefficient of KRW 20 million from the Plaintiff’s wife on October 6, 2013, and received a transfer of KRW 25 million from the I’s account on October 18, 2013, KRW 30 million on October 19, 2013, KRW 20 million on October 21, 2013, and KRW 500,000 from the Plaintiff’s account from the JJ’s account.

F. Meanwhile, on October 18, 2013, the Defendant’s representative K and I prepared the following specifications of borrowing (hereinafter “the specifications of borrowing as of October 18, 2013”).

K and set up a loan amount 1) G 1) The loan amount of 100,000,000 Won 2) the J value of the object 20,000,000 won.