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(영문) 대구지방법원서부지원 2019.06.13 2018가단10115

대여금

Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from July 1, 2018 to June 13, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On May 29, 2012, the Plaintiff transferred KRW 10,000,00 to the Defendant, KRW 10,000,000 on July 25, 2012, and KRW 80,000 on August 30, 2012, respectively.

B. On August 31, 2012, D, which was the joint representative director of C (hereinafter “C”) of the Co., Ltd. (hereinafter “C”), was named from Defendant and EG to E.

The Department Agreements have been prepared, and the main contents thereof shall be as follows:

1. C’s co-representative A(D) is placed at C’s co-representative within two months after the F’s rest area was open.

4. A shall pay to B (Defendant) 6,00,000 won and 2,00,000 won to C (E) at the end of each month as dividend for investment funds.

5. Where the principal is returned out of the amount invested, 4% per month shall be reduced and paid to the dividend;

6. A shall refund the investment money to B and C on August 31, 2014, respectively.

C. From August 31, 2012 to January 8, 2016, the Defendant remitted total of KRW 61,320,000 to the Plaintiff as follows.

On October 15, 2012, 200: 3,200,00 on March 31, 2018; 3,200,00 on October 28, 2012; 5,00,00 on October 3, 200, 31, 200,00 on October 3, 200, 200 on December 31, 2012; 20,00 on December 31, 31, 200, 200, 200, 30,00, 200, 200, 200 on June 6, 2013, 200, 200, 30, 100, 2000, 300, 200, 300, 200, 205, 30, 2013, 30, 2015

2. The parties' assertion

A. The gist of the Plaintiff’s assertion: (a) the Plaintiff lent KRW 100,00,000 to the Defendant on May 29, 2012; (b) KRW 10,000,000 on July 25, 2012; and (c) KRW 80,000,000 on August 30, 2012; and (d) the Defendant paid KRW 35,348,098 from August 31, 2012 to January 8, 2016, the Defendant is obligated to pay the remainder of KRW 64,651,90, and damages for delay.

B. The purport of the Defendant’s assertion is that the Defendant borrowed KRW 20,000,000 from the Plaintiff on May 29, 2012, and the sum of KRW 10,000,000 on July 25, 2012.