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(영문) 인천지방법원 2017.11.30 2017가단26415

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 32,00,000 and the interest rate of KRW 15% per annum from July 25, 2017 to the day of complete payment.

Reasons

1. As to the cause of claim

A. On January 2016, the Plaintiff assumed office as a director of C Co., Ltd. (hereinafter “C”) (hereinafter “C”), and on August 28, 2006, the Plaintiff agreed to promptly refund construction costs in the event that the construction cost is not completed by the said period while paying the construction cost of KRW 88,950,000 for the road packaging construction for the forest and 7 lots outside Taecheon-si D and the Defendant on October 30, 2007. (2) On March 17, 2008, the Plaintiff filed a complaint with the Defendant for a suspicion of fraud and embezzlement.

3) On May 21, 2008, C prepared a written agreement with the Defendant as follows. 1. The Defendant immediately delivers to C the said vehicle as of May 21, 2008 because it did not have the right to know, etc. on its operation. 2. On April 4, 2000, the Defendant is obligated to deliver C the said vehicle as of the present relationship being attached and kept in the Taeban Police Station. On July 30, 2008, the remaining KRW 32 million after deducting the said vehicle from being delivered to C from among the money to be returned to C shall be returned to C by July 30, 2008. To secure this, the Defendant created a right to collateral security with F. 3. When the Defendant completes the obligations under the above paragraphs, C withdraws the criminal prosecution against the Defendant, and without raising any objection. 2. 3. 08% annually, the Defendant shall be deemed to have embezzled and embezzled the said 300% of the money deposited by C to the Defendant, 2005. 208.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

B. Determination 1 is obligated to refund 32 million won of the construction cost of the road package, and the Plaintiff and the above money are the object of the loan for consumption.