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(영문) 울산지방법원 2017.10.25 2017나20715

약정금

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Defendants are married with the Defendants, and Defendant B, from May 18, 2009 to July 31, 2014, operated the business with the trade name “C” (Defendant B was registered as an internal director of the said company on March 30, 2012), and Defendant C registered the business with the trade name “E” from November 6, 2007 to September 1, 2010.

On the other hand, Defendant B, as a dump truck, supplied sand to ready-mixed companies, etc.

B. Around 2008, the Plaintiff entered into a contract with the Defendants, F, G, H, etc. (hereinafter “the Defendants, etc.”) under which the Defendants, etc. lent the purchase price of sand to be supplied to the ready-mixed company to the Defendants, etc., and the Defendants, etc. receive “specified fees and interest” [the evidence A (No. 2) includes “fee and interest rate (10%)” (hereinafter “instant contract”).

C. Under the instant contract, the Plaintiff transferred KRW 100,000,000 to the Defendant C’s account via the account of the Plaintiff himself and the Plaintiff’s former wife I (the Plaintiff reported marriage with the Plaintiff on March 16, 198, but reported divorce on February 4, 2014) over several occasions from February 21, 2009 to June 5, 2009, as follows:

(1) The defendants alleged to the effect that the above KRW 100,00,000 was borrowed under the separate agreement of the instant contract, but there is no evidence to acknowledge the fact that a separate agreement was concluded with regard to the above KRW 100,000,000 in addition to the instant contract, this part of the defendants' assertion is not acceptable). The amount of the remittance ① Amount of KRW 5,000,000 on March 16, 2009 (2) KRW 5,000,000 on March 16, 200, KRW 5,000,000 on KRW 10,000,000 on KRW 10,000 on August 10, 200, KRW 10,000 on KRW 10,000 on April 10, 200, KRW 1000 on April 10, 2009, KRW 400 on April 10, 2009

D. Meanwhile, on the other hand.