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(영문) 울산지방법원 2016.04.12 2015가단8888

대여금

Text

1. The Plaintiff:

A. Defendant B’s KRW 119,959,895 as well as 12% per annum from June 1, 2014 to April 12, 2016.

Reasons

1. Basic facts

A. D is the Plaintiff’s wife, the network E (the deceased on August 2007, hereinafter “the deceased”) is the wife of Defendant B, and Defendant B is the representative director of Defendant C Co., Ltd. (hereinafter “Defendant Company”).

D and the Deceased were their own wholesalers (the Plaintiff and the Defendant B’s bookbook), and the Deceased was on the account of the Defendant Company before his death.

B. 1) D’s bank account (F. hereinafter “D account”)

From March 4, 2003, and March 5, 2003, KRW 22730,000 was withdrawn on two occasions, respectively. 2) From April 3, 2003 to December 1, 2003, the amount equivalent to KRW 240,00 per month was transferred to D accounts in the name of the Deceased.

3) On December 29, 2003, KRW 3 million was withdrawn from the D account, and from December 31, 2003 to August 14, 2007, the amount equivalent to KRW 270,000 per month was transferred to D account in the name of the deceased. 4) On August 2007, the deceased died, and from September 27, 2007 to May 15, 201, the amount of KRW 270,000 per month was remitted to D account in the name of the Defendant B from September 27, 2007 to May 15, 2012.

C. 1) G, the Plaintiff, and Defendant B entered the ownership transfer registration of H, I, and J land in Chungcheongnamyang-si, Gyeongyang-si, Gyeongyang-si, on February 27, 198. On November 5, 2002, the Plaintiff and Defendant B sold their shares of each of the above lands to K on the same day, and completed the ownership transfer registration to K on the same day. 2) Plaintiff’s 2001 Surgical (which appears to have been entered in the 2002 book in the 2001 book) as follows: “The 4,000 Won (5,000,000 won) ,” and “the sale amount of Goyang-si, Gyeongyang-si, Gyeongyang-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeongyang-do.” < Amended by Presidential Decree No. 17817, Nov. 12, 2002>

3) From October 31, 2002 to April 30, 2003, Defendant Company remitted the amount equivalent to KRW 3.60,000 per month to D accounts. 4) Defendant Company remitted the amount equivalent to KRW 4.60,00 per month to D accounts from June 30, 2003 to June 30, 2009.

5. From August 27, 2008 to October 24, 2008, Defendant Company remitted total of KRW 6 million to D accounts three times, and from July 31, 2009 to June 12, 2012, Defendant Company remitted total of KRW 400,000 per month to D accounts.

relating to the third rent.