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(영문) 대구지방법원 2014.10.24 2013가합8605

대여금 등

Text

1. The Defendant shall pay to the Plaintiff KRW 312,395,514 and interest rate of KRW 20% per annum from October 27, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff operated the Plaintiff Company C, and operated the clothing manufacturing business and trade business, and the Defendant, with the trade name D, operated the clothing provision site in Vietnam.

B. On September 19, 2010, the Plaintiff sent, under the name of the Defendant, to Vietnam Factory, 68,435 U.S. dollars (1.55 U.S. dollars per unit price), and on September 24, 2010, to the Defendant, sent the outer reduction of 73,694 U.S. dollars (2 US$ per unit price) to the Defendant, and requested the Defendant to make the said headquarters by sealing the said headquarters (hereinafter “instant headquarters”).

C. The Plaintiff paid USD 76,500 to the Defendant as indicated below (the exchange rate of KRW 85,727,860 on the date of payment).

On October 24, 2010, 300 1,122.50 27,276,750 October 16, 2010. 5,00 1,111.40 5,57,000 1,200 1,119.30 1,343,160, 160 10. 19. 10, 205 10, 105, 106. 10, 205, 10. 10, 200, 127. 80 10, 278, 278, 100 10, 1000, 106, 105, 10, 105, 200, 106, 264, 26010, 108, 2010

2. The parties' assertion

A. The Plaintiff’s assertion (1) The Plaintiff loaned USD 76,500 to the Defendant on nine occasions from October 10, 2010.

Although the Defendant agreed to repay the above loan by the end of November 2010, the Defendant did not pay to the Plaintiff at all up to the day. The Defendant is obligated to pay to the Plaintiff KRW 85,727,860, total sum of exchange rate conversion dates of the above loan.

(2) The Plaintiff: (a) concluded an original salary system consignment agreement with the Defendant; and (b) sent to the Defendant, the outer salary range of KRW 68,435 km and KRW 73,694 km to the Defendant’s Vietnam factory; and (c) the Defendant used the outer salary range of KRW 11,434.6 km and the outer salary range of KRW 19,798 km.