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(영문) 대구지방법원 2015.08.12 2014가단50286

대여금반환

Text

1. The Defendant’s KRW 91,00,000 as well as 6% per annum from November 18, 2014 to August 12, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On March 14, 2014, the Plaintiff entered into an event and agreement with the Defendant with the effect that the Defendant, the host side of the “pop Seoul International Motion Pictures” and the “large-type motion picture festivals, grant the Plaintiff the qualification as a master manager for the opening of the event and related events, and the Plaintiff shall pay KRW 30 million as contract deposit.

On March 17, 2014, the Plaintiff paid KRW 30 million to the Defendant, and thereafter paid KRW 12 million on April 4, 2014 as well as KRW 8 million on April 24, 2014.

B. From May 19, 2014 to August 29, 2014, the Plaintiff paid a total of KRW 91 million to the Defendant as follows:

(1) An account transfer: (i) KRW 10 million on May 19, 2014; KRW 10 million on May 30, 2014; KRW 4 million on June 5, 2014; KRW 3 million on June 30, 2014; KRW 7 million on June 30, 2014; KRW 3 million on July 4, 2014; KRW 3 million on July 1, 2014; KRW 3 million on July 30, 2014; KRW 3 million on July 16, 2014; KRW 1 million on July 31, 2014; KRW 8 million on July 31, 2014; KRW 2 million on August 14, 2014; KRW 8 million on a cashier’s check; and KRW 4 million on August 28, 2014; and KRW 8,500,000.

each entry, the purport of the whole pleading

2. The assertion and judgment

A. 1) The Plaintiff asserts that the Defendant lent the instant money to the Defendant, and that the Defendant sought the payment of the said loan to the Defendant. 2) The Defendant asserts that the instant money was paid not the borrowed money but as an employee’s salary, rental fee, etc.

Specifically, as follows:

No. 120,00 3D 1,800,800 120,800 2 C 1,800,800,000 120,000 3 D 1,800,800 1,8000,8000 2,000,000 4 E 1,800,800,0000 1,80,800,000 1,80,800,800,000 1,80,80,800,000 120,80,005, 120,0005, 1,80,0005, 120,80,000 1,80,80,800,000, 1,800, 800,300,500, 2005