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(영문) 의정부지방법원 2018.01.18 2016가단128018

대여금

Text

1. The Defendant shall pay 107,400,000 won to the Plaintiff and 25% per annum from July 18, 2015 to the day of full payment.

Reasons

Facts of recognition

The Plaintiff’s relationship with the Defendant Company is a person who operates “C” for manufacturing, selling, and repairing industrial machinery. The Defendant Company is a stock company engaged in manufacturing and selling ready-mixeds, and collecting and selling aggregate, and the Plaintiff has maintained a long-term transaction relationship with the Defendant Company from around 2006, such as repairing and repairing the machinery of the Defendant Company.

On April 6, 2015 and April 9, 2015, the representative director D of the Defendant Company, who was the Plaintiff’s employee, requested the issuer to discount the electronic bills (hereinafter “instant bills”) dated July 17, 2015, which came into effect on the issuer’s Korea Environment Design, par value of KRW 119 million, and due date. The Plaintiff received a report from E and accepted it.

On April 9, 2015, F of the accounting division of the Defendant Company: (a) upon D’s instruction on April 10, 2015, the non-party Company G (hereinafter “Non-Party Company”) was the representative director of the Company G (hereinafter “Non-Party Company”); (b) received the instant bill as indicated as the first endorsement; and (c) delivered the instant bill to the Plaintiff after the second endorsement on the instant bill in the name of the Defendant Company; (d) on April 10, 2015, the Plaintiff wired the instant bill to the Plaintiff under the name of the Defendant Company: (a) KRW 119 million, the face value of the instant bill, from April 10, 2015, to July 17, 2015, the due date of which is KRW 17.4 million; and (b) KRW 17.4 billion to the account in the name of the Defendant Company; and (c) KRW 7.4 billion to the account in the name of the non-party Company’s account.

The Promissory Notes was disposed of on July 17, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 7 (including additional numbers), witness E's testimony, F's partial testimony, the purport of the whole pleadings [Evidence] of F's testimony, the plaintiff's assertion that part of F's testimony was made to the defendant company.