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(영문) 수원지방법원성남지원 2017.08.22 2015가합203871

대여금

Text

1. As to KRW 622,862,851 and KRW 550,00,000 among the Plaintiff, Defendant Incorporated Co., Ltd.

Reasons

Basic Facts

The plaintiff is a company that engages in the distribution, processing, and distribution of agricultural products.

Defendant Incorporated Incorporated Co., Ltd. (former D Co., Ltd. and its trade name was changed on October 7, 2014; hereinafter “Defendant Company”) is a company engaging in the business of distributing agricultural products, and Defendant C is the representative director of the Defendant Company.

Upon Defendant C’s request, the Plaintiff opened a letter of credit equivalent to USD 1,50,000 on October 17, 2013 (hereinafter “U.S. dollars 250,000), USD 50,000 on December 5, 2013, USD 250,000 on February 3, 2014, USD 50,000 on March 6, 2014, and then imported merd 17 containers and 23 containers using this.

Since then, the Plaintiff supplied the imported Melley and Maren to the Defendant Company throughout the sunrise of the nature of the Defendant Company, and the Defendant Company sold this and repaid the L/C price used in the name of the Plaintiff.

The details of credit and the repayment of the Defendant Company arising in the course of such transactions are as follows:

Meanwhile, upon Defendant C’s request, the Plaintiff lent KRW 530,396,000 to the Defendant Company on December 26, 2013.

On March 10, 2014, Defendant Company issued to the Plaintiff a certificate of borrowing that “50,000,000 won was determined and borrowed as of May 23, 2014 on the due date.”

In addition, on July 15, 2014, the Defendant Company drafted a debt-based confirmation to the Plaintiff stating that “(i) the outstanding amount of payment out of the price of the sludge imported by the Plaintiff’s use of the Plaintiff’s credit is KRW 80,000,00 (by using KRW 2,410,569,499) and (ii) the remaining amount of KRW 70,396,000 out of KRW 530,396,000 borrowed from the Plaintiff is KRW 460,396,000, and thus, the Defendant Company’s debt-based confirmation is KRW 540,396,000.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 8, Eul evidence Nos. 3, 5, 14, each number.