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(영문) 수원지방법원 2020.09.09 2019가합16645

대여금

Text

1. The defendant shall pay 315,00,000 won to the plaintiff and 12% per annum from May 17, 2019 to the day of full payment.

Reasons

In light of the overall purport of the pleadings, the Plaintiff loaned KRW 315 million to the Defendant on January 5, 2018, when examining the reasoning of the judgment as to the cause of the claim No. 1 and No. 2-2.

Therefore, the Defendant is obligated to pay to the Plaintiff the above KRW 315 million and the damages for delay calculated at the rate of 12% per annum from May 17, 2019 to the day of full payment, which is the day following the delivery of the instant complaint.

The defendant's assertion as to the defendant's argument shall be referred to as "C" to build solar power plants on its own land.

A. It shall establish a corporation and shall be referred to as "D (hereinafter referred to as "D").

A) The Plaintiff entered into a management and operation consignment agreement with the Plaintiff, and the Plaintiff did not lend the said money to C with the business funds of the power plant. Accordingly, the said money must be settled among the said companies, and the Defendant does not have any obligation to pay the Plaintiff. The fact that there is no dispute over the judgment, the evidence Nos. 2, 3, and 5, and 8 (including each number, hereinafter the same shall apply) are included.

In light of the overall purport of the pleadings, it is recognized that: (a) the Defendant established C on January 2017; (b) C entered into a contract with D on December 28, 2017 to entrust the management, operation, etc. of solar power plants, which is scheduled to be constructed on land owned by D and the Defendant on December 28, 2017; and (c) C constructed solar power plants on the land above the second half of 2018.

However, the above macroscopic evidence is written in Gap evidence Nos. 1, 2, 4 through 6, 8, 9, 10, and Eul evidence Nos. 2 through 7, and each of the following circumstances acknowledged to show the overall purport of the arguments as a result of each of the financial transaction information meetings to G organizations of this court, namely, ① the above KRW 315 million was not paid to Eul, but deposited into the defendant account in the name of the plaintiff, ② the said money was not used in the operation of Eul, ③ the maximum debt amount of HAC established on the F-owned land owned by the defendant on the date of the above remittance amounting to KRW 520 million.