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(영문) 서울중앙지방법원 2020.04.09 2018가합536052

대여금

Text

1. The Defendant’s KRW 465,00,000 and its annual rate shall be 5% from April 24, 2018 to April 9, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On January 23, 2017, A Co., Ltd. (hereinafter “A”) remitted KRW 320,000,000 to a deposit account under the name of D, and the said money is written to the effect that it is a loan to D in the subjects of “provisional payment” by the head of the account ledger of A.

B. On June 5, 2017, A remitted KRW 200,000,00 to a deposit account under the Defendant’s name, and the said money is indicated to the effect that it is a lending to the Defendant on the “provisional Payment” subject by the head of the account ledger A.

C. A remitted each amount of KRW 13,00,000,000 on August 25, 2017, and KRW 20,000 on October 19, 2017 to a deposit account under the name of the Defendant, and each of the said money is indicated as the name of the Defendant in the “provisional Payment” subject by the head of the account ledger of A.

A was declared bankrupt on June 7, 2019 by Seoul Rehabilitation Court 2019Hahap10088, and the plaintiff was appointed as a trustee in bankruptcy on the same day.

E. On July 12, 2019, the Plaintiff taken over the instant litigation procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 5, 9, Eul evidence No. 3, the purport of the whole pleadings

2. Determination

A. As to the cause of the claim, the Plaintiff asserts that: (a) from January 23, 2017 to October 19 of the same year, the Plaintiff is liable to pay the Plaintiff the above amount of KRW 53,000 in total to D or Defendant’s deposit account (i.e., KRW 320,000,000 in total) KRW 13,000,000 in KRW 200,000 in total,000 in KRW 20,000 in total; (b) the Defendant is liable to pay the Plaintiff the above amount of KRW 50,000 in total and/or KRW 50,000 in 00 in total and/or KRW 300 in 0,00 in 00, KRW 8,000 in total and/or KRW 300 in 00, KRW 800 in 208 in 200, KRW 3008 in 200 in the name of the Defendant.