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(영문) 울산지방법원 2019.07.12 2018가단68713

대여금 등

Text

1. The defendant shall be the plaintiff.

(a) Of KRW 89,683,680 and its 2,200,000 among them, KRW 5,500,000 from December 21, 2014.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s mother sent KRW 2 million to the Defendant and the Defendant’s mother on May 20, 2007, KRW 20 million on August 30, 2007, KRW 40 million on September 19, 201, KRW 25 million on October 10, 201, KRW 17 million on June 4, 201, and KRW 20 million on June 6, 2012. (2) The Plaintiff demanded the Defendant to pay the money as stipulated in paragraph (1) of the above Article, and the Defendant agreed to divide the money from July 2014 to KRW 5 million on September 20 (hereinafter “instant agreement”).

(3) The Plaintiff received KRW 500,000,000 from the Defendant on August 5, 2014, KRW 300,000,000 from the Defendant on November 25, 2014, and KRW 1.3 million on February 25, 2015.

B. On June 13, 2017, the Plaintiff loaned KRW 27 million to the Defendant, and agreed to be paid KRW 200,000,000 per month interest (hereinafter “instant agreement”) on the said interest basis (hereinafter “instant agreement”).

(2) From June 13, 2017 to September 3, 2018, the Plaintiff received a total of KRW 12.7 million from the Defendant as the principal and interest of the lending stipulated in the foregoing paragraph (1). (c) The Plaintiff, in the presence of the Defendant, lent KRW 50 million to D, who operated a restaurant with the Defendant “C”, with the Defendant, a total of KRW 1.2 million on March 18, 2016, and agreed to receive KRW 1.2 million from the principal and interest of KRW 2 million on the 18th day of each month, and the total amount of the loan at the end of the restaurant business.

2) The Plaintiff received KRW 8.3 million from D from April 18, 2016 to May 22, 2017. (3) The Defendant agreed on June 22, 2017 to the Plaintiff that “The Defendant shall, on June 22, 2017, pay to D the Plaintiff a full payment of KRW 45 million that D lent to D.”

(4) Around June 2017, D terminated the above restaurant business. Around July 14, 2017, the Defendant independently operated the above restaurant after changing the name of the above restaurant to E, and closed the business on February 20, 2018. (5) The Plaintiff filed a lawsuit against D against D for claiming payment, such as a loan, etc. under the court 2018Gadan10813, and the said court on September 5, 2018.