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(영문) 서울중앙지방법원 2015.03.26 2014가단5091351

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 24% per annum from September 26, 2011 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant (50% of shares) operated G heading (G) located in C (30% of shares), D (10%) and E (10% of shares) and 901 of the F Building in Busan-si, Busan-si (hereinafter “G”).

B. H paid a total of KRW 250 million to the Defendant, etc. from around April 25, 2011 to May 29, 2011, and most of them were used as the opening cost, such as the interior cost of G.

In addition, the Plaintiff, who was in a de facto marital relationship with H, was the business owner of G, and was in charge of the management of the G’s field of construction and the fund management after the opening of the business, and was delegated with the authority to sell and dispose of G on March 29, 2012.

C. On September 26, 2011, H transferred the sum of KRW 12 million to C’s account and KRW 18 million to D’s account at C’s request.

In addition, on September 26, 2011, the defendant recognized that the above amount should be borrowed from A (resident registration number, address omitted) with the operating fund of 30 million won (Won 30,000,000) in three-months (Won 30,000,000) and decided to repay from G operating fund of 30,000,000 (Won 30,000,000) as of February 26, 2012, and the monthly interest shall be disbursed from G operating fund of 26,00,000 (Won 6,00,000,000) as of 20,000 won (in principle, limited to 20% of the shares in the B G main) to be extended to three months after repayment: B (resident registration number, address omitted): 30,000,000 won (Won 30,000,000) as the deposit account number of 17.

H filed a lawsuit claiming that the Defendant lent the above KRW 250 million to the Defendant, but the said money was likely to be invested in G, and there is a lack of evidence to acknowledge the lending.