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(영문) 수원지방법원 여주지원 2018.11.14 2018가합144

약정금반환금

Text

1. The Defendant’s KRW 190,000,000 as well as 5% per annum from March 6, 2018 to November 14, 2018 to the Plaintiff.

Reasons

Facts of recognition

The plaintiff is currently pending in a divorce lawsuit (Yan District Court 2017ddan1172) between C and his/her husband.

C On December 6, 2012, the defendant was established as a company for the purpose of agricultural management, development of real estate, sale of real estate, etc. and was employed as the representative director until April 10, 2017.

On May 7, 2013, the Plaintiff borrowed KRW 239 million from D Bank to the Defendant’s account on the same day, and remitted KRW 200 million to the Defendant’s account on the same day. On May 16, 2013, the Plaintiff withdrawn KRW 100,000,000,000 in cash, respectively.

On May 7, 2013, the Defendant received KRW 210 million from the Plaintiff, and transferred KRW 200 million out of the same day to the seller of the sales contract as part payment with regard to forest land Franchi-gun in Gyeonggi-gu (hereinafter “the instant forest”).

C On July 19, 2013, the Plaintiff prepared a detailed statement of deposit and withdrawal transaction (Evidence A6) in the Plaintiff’s name, and withdrawn the total amount of KRW 45 million from the Plaintiff’s account as follows:

G H C on July 19, 2013, the Defendant acquired ownership of shares 4299/4959 out of the instant forest, and the ownership of shares 660/4959 out of the instant forest was transferred by the Plaintiff.

In the tax settlement statement against the defendant from January 1, 2014 to December 31, 2014, Plaintiff 18,500,000 and Plaintiff 227,986,638 are included in the tax settlement statement from January 1, 201 to December 31, 2014.

[Grounds for recognition] The Plaintiff’s assertion by the parties to the dispute as to the facts without dispute, Gap’s evidence Nos. 1-6, Eul’s evidence No. 1, and the purport of the entire pleadings (i.e., KRW 249 million, in total, to the Defendant (i.e., KRW 200 million on May 7, 2013) (i.e., KRW 16,9 million on May 16, 2013), and the Plaintiff loaned loans to the Defendant as KRW 246,486,638, in the course of establishing the Defendant’s settlement statement on December 31, 2014.

Since then, the Plaintiff received KRW 26,486,638 from the Defendant (i.e., KRW 10 million on December 31, 2015). As such, the Plaintiff was paid KRW 226,486,638 on April 21, 2016, i.e., remaining loans to the Defendant 226,486,638 = the aforementioned KRW 246,486,638-2.