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(영문) 수원지방법원 2019.09.05 2018가단20244

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the spouse of D, the representative director of C (hereinafter “C”), and the Defendant is the children of G, who served as the president of E and F.

B. On November 1, 2014, the Plaintiff entered into an agreement with G to distribute profits and losses by jointly operating the I-site timber and roots removal, crushing, and treatment projects in the name of G and Seosan Si H in the name of G and Seosan-si, and then lent KRW 20 million to G.

C. At the request of G, the Defendant opened the NH Bank Account (J) and provided it to G.

However, the Plaintiff’s account under the above Defendant’s name is KRW 1 million on July 10, 2015, KRW 500,000 on December 4, 2015, and the same month.

7. 20 million won, and the same month.

9. 5 million won (K name), 28.10 million won per month, 50 million won on February 6, 2016, and the same year;

3. 25.3 million won, and the same year.

6.1. 1.5 million won, and the same month;

2. On May 24, 2017, a total of KRW 58 million, including KRW 1.5 million and KRW 15 million, was remitted.

In addition, on March 29, 2016, KRW 3 million, KRW 5 million on June 13, 2017, and the same year

7.3. A total of KRW 18 million, including KRW 10 million, was remitted from the above Defendant’s account to the Plaintiff’s account.

On November 1, 2014, the Plaintiff filed a lawsuit seeking the payment of the loan, asserting that G lent the sum of KRW 40 million, including KRW 20 million, and KRW 20 million on October 2, 2015 (U.S. District Court Decision 2018Da19701), and the same court rendered a favorable judgment of the Plaintiff citing the Plaintiff’s claim.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The Plaintiff asserts that the Defendant, while running a business jointly with G, requested the Plaintiff to lend a business loan and lent KRW 58 million to the Plaintiff at a fixed rate of 24% per annum and on June 30, 2016, and paid 18 million out of the due date. As such, the Plaintiff asserts that the Defendant sought reimbursement of the unpaid loan amounting to KRW 40 million and interest or delay damages incurred therefrom.

The plaintiff, the defendant, the plaintiff.