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(영문) 부산지방법원동부지원 2017.11.30 2017가단4418

대여금

Text

1. The Defendant shall pay 45 million won to the Plaintiff the annual rate of 15% from April 29, 2017 to the date of complete payment.

Reasons

According to each of the statements and arguments set forth in subparagraphs A and 3, the Plaintiff remitted KRW 50 million to the Defendant on July 30, 2014, and the Defendant prepared a loan certificate of KRW 50 million to the Plaintiff on the same day, and the Defendant transferred KRW 50 million to the Plaintiff on December 17, 2016.

According to the above facts of recognition, the defendant is obligated to pay the remaining KRW 45 million to the plaintiff at the rate of 15% per annum from April 29, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

The defendant asserts that, upon the plaintiff's recommendation, C's goodwill of which KRW 160 million has been invested is over KRW 100,000,000, and that the defendant paid KRW 100,000,000 to the plaintiff, who is a director of the Dispute Resolution D, or that the plaintiff paid KRW 50,000,000 to the defendant of the Dispute Resolution D, or that the plaintiff paid KRW 50,000,000 on behalf of the defendant of the Dispute Resolution D, the plaintiff prepared a loan certificate and borrowed money from the plaintiff.

However, the Plaintiff decided to return C’s investment worth KRW 50 million to the Defendant.

The defendant's assertion is without merit, since there is no evidence to acknowledge that there was a payment of the debt of the LAD or the payment by subrogation, and there is no evidence to acknowledge that there is no evidence to acknowledge that the intent to make the payment by means of a false representation of agreement is invalid.

Therefore, the plaintiff's claim is accepted on the ground of the reasons.