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(영문) 창원지방법원 마산지원 2018.08.22 2017가합100178

대여금

Text

1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate of 5% from January 1, 2016 to August 22, 2018.

Reasons

Facts of recognition

On March 17, 2014, the Defendant purchased Yongsan-si, Changwon-si C large 621.9 square meters (hereinafter “instant land”) and completed the registration of ownership transfer in the Defendant’s future, and tried to build a new indoor driving range on the said land. In this case, the Plaintiff had the intention to assist the Defendant in performing duties related to the construction of the said building.

Around July 2014, the Defendant entered into a contract with D Co., Ltd. (hereinafter referred to as “D”) for the construction of “E” on the instant land (hereinafter referred to as “E”).

D On August 4, 2014, the instant construction commenced and obtained approval for the use of the building on February 3, 2015, and the Defendant commenced the business of screen golf course around that time.

On the other hand, on April 29, 2014, the Defendant remitted KRW 113 million to each Plaintiff, and KRW 10 million on February 17, 2015.

In addition, the defendant newly opened an account on July 31, 2014 and opened the account.

8. 25. 25. Deposit of KRW 27,061,09 and KRW 50 million in the name of “F” in the above account, and the same year.

8. From 27. Around 27.27, a debit card was issued to the Plaintiff with a total amount of KRW 77,061,009 deposited in the said account.

On March 5, 2015, the Plaintiff drafted a certificate of borrowing (Evidence A 1) stating that “The agreed period and the agreed parties shall be determined by mutual agreement at the time of repayment of the borrowed amount, and the period of borrowing shall be about one month.”

(A) The Plaintiff and the Defendant do not dispute as to whether the due date is recognized on December 31, 2015 at the date of the third pleading. The Defendant offered the instant land and buildings as collateral and borrowed KRW 900 million from the Gyeongnam Bank, Inc. on or around March 11, 2015 to pay the construction price of the instant case, and borrowed KRW 100 million from the Plaintiff.

On March 11, 2015, the sum total of KRW 250,000,000 and KRW 35,000,000 of the Defendant’s money was remitted to D on total of KRW 1,185,00,000.

On April 29, 2015, the Defendant borrowed KRW 150 million from the mother G from April 29, 2015.