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(영문) 서울중앙지방법원 2015.06.08 2014가단2141

대여금

Text

Defendant B’s KRW 5,00,000 and for this, 5% per annum from March 12, 2011 to June 8, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B remitted KRW 30 million to D on June 4, 2010, and on June 18, 2010, the Plaintiff paid KRW 30 million to Defendant B by means of remitting money to Defendant C’s account, the wife of Defendant B, to Defendant C.

B. On August 11, 2010, Defendant C remitted KRW 25 million to Defendant C’s account, and Defendant B paid the entire amount to the Plaintiff.

C. Defendant B, together with Defendant C’s name, and four, including Defendant B and E (hereinafter “four persons, including Defendant B,” Defendant B, etc.), agreed to jointly implement the Jinong Project Development Co., Ltd. (hereinafter “ Jinong Project Development”) and the Yang Won Yangsan G Co., Ltd. (hereinafter “instant construction”) in Yangsan-si, and Defendant B, etc. decided to select the event.

Defendant B, etc. received KRW 30 million from the Plaintiff and agreed to contract the instant construction to H Co., Ltd. (hereinafter “H”) operated by the Plaintiff. Accordingly, on January 12, 201, the Plaintiff paid KRW 30 million to Defendant B by means of remitting the instant construction to Defendant C’s account, and on January 12, 2011, the contract was concluded between Jinong Industry Development and H with the construction cost of the instant construction amount of KRW 13 billion.

[Reasons for Recognition] In the absence of dispute, Gap evidence 1-1, Eul evidence 1-2, Eul evidence 3-1, 2-2, Eul evidence 1-1, 2, 3-3, Eul evidence 3-1, 2-2, Eul evidence 4, 5-2, Eul evidence 6-1 to 6-1, the development of the dispatch industry, each fact inquiry results on Yangsan market, witness I, D, and J's testimony, the purport of the whole arguments, and the whole purport of arguments.

2. Claim for return of the loan amounting to five million won; and

A. The Plaintiff asserted that on June 18, 2010, the Plaintiff lent KRW 30 million to the Defendants, and even if it was leased to D, the Plaintiff loaned it to D, and the Defendants are liable to guarantee it at least. The Defendants are liable to pay to the Plaintiff the amount of KRW 5 million in the loan balance and the damages for delay after March 12, 201, which is the due date for payment.

For this reason,