beta
(영문) 춘천지방법원영월지원 2016.08.18 2016가합10065

대여금

Text

1. The Defendant’s KRW 218,788,965 for the Plaintiff and 5% per annum from March 16, 2016 to August 18, 2016 for the Plaintiff.

Reasons

1. The following facts are recognized in accordance with each description of Gap 1 or 7 evidence (including numbers, if any) and the purport of the whole pleadings, without dispute between the parties or by the whole purport of the arguments:

A. From June 2014, the Defendant had ordered the Korea Land and Housing Corporation from Jun. 2014 to Dongcheon Construction Co., Ltd., a contractor for the main apartment complex construction on the ground B of Yeongdeungpo-gun, Gangwon-do. The Defendant’s employees paid the meal costs at the brin restaurant operated by the Plaintiff from Jun. 24, 2014 to Dec. 2, 2015, and the Plaintiff’s employees paid the accommodation costs at the brin restaurant operated by the Plaintiff’s employees in total of KRW 184,951,60.

B. On September 29, 2014, the Plaintiff lent KRW 96,000,000,000 for construction capital, and KRW 40,000 on February 16, 2015, KRW 6,000,000 on March 17, 2015, and KRW 30,000 on April 11, 2015, to the Defendant.

C. On January 28, 2016, the Plaintiff received loans of KRW 10,000,000 from C to the Defendant, and loans of KRW 33,300,000 from D to the Defendant and accommodation expenses. On the same day, C and D notified the Defendant of each of the above assignment of claims.

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the amount of KRW 184,951,60, loans of KRW 96,00,00,000, and the amount of KRW 43,300,00 (C’s bonds of KRW 10,000,000, KRW 333,000,00) plus KRW 105,462,635, and the remainder of KRW 218,788,965, and damages for delay calculated annually from March 16, 2016, the following day after the complaint of this case was served on the Defendant, to the Plaintiff at the rate of KRW 105,30,00,00, KRW 3300,00, and KRW 4300,000 (C’s bonds of KRW 10,000,000).

3. The plaintiff's claim is justified.