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(영문) 대전지방법원 2015.01.27 2013가단41322

대여금 등

Text

1. The defendant shall pay 59,20,000 won to the plaintiff and 20% per annum from September 13, 2013 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. The fact that the Defendant, on July 17, 2003, prepared and delivered a cash custody certificate stating that he borrowed KRW 59,200,000 to the Plaintiff (hereinafter “instant cash custody certificate”) may be recognized by the statement of evidence No. 1.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 20% per annum from September 13, 2013 to the day of full payment, which is the day following the day when the original copy of the instant payment order was served on the Defendant.

2. The defendant's assertion and judgment

A. 1) On November 10, 2000, the defendant, who was appointed as the manager of the main office when the plaintiff operated the main office of this case from around 1997 to 2000, succeeded to the tenant status of the building of this case from the plaintiff and operated the main office of this case by transferring the status of the tenant status of the building of this case between the plaintiff and the plaintiff. However, the amount of KRW 4 million per month [the amount of KRW 1.2 million per month paid by the plaintiff to the lessor of the main office of this case (hereinafter “house tax”).

(3) 2.8 million won that belongs to the Plaintiff (hereinafter “monthly”).

) On November 9, 2001, one year after the conclusion of the instant contract, the Defendant entered into a contract for the transfer and acquisition of the instant main points (hereinafter “instant contract”) with the effect that the Plaintiff would acquire ownership of the instant main points, by paying KRW 90 million ( KRW 30 million for lease deposit) to the Plaintiff.

B. After that, the Defendant employed C as an employee and filed a report on succession to business license in the name of C. The Defendant did not pay KRW 90 million to the Plaintiff on November 9, 2001 because the main place of business is not good, thereby acquiring ownership of the facilities and the place of business of the instant main place of business.