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Reasons
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(영문) 청주지방법원 충주지원 2017.03.09 2016가단23031
대여금
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1. The Defendant’s KRW 44,00,000 as well as 5% per annum from August 26, 2016 to March 9, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff received a certificate of borrowing (hereinafter “the certificate of borrowing of this case”) from the Defendant to the effect that the Plaintiff paid KRW 30,000,000 to the Defendant on November 26, 2008, and borrowed KRW 30,000,000 from the Defendant as of May 30, 2009.

B. On February 4, 2009, the Plaintiff paid KRW 70,000,00 to the Defendant. Around this time, the Plaintiff paid KRW 1,425,00 to the Defendant’s shares of C, which the Defendant operated from the Defendant.

(c) Upon receipt of the Plaintiff’s loan of KRW 30,00,000 to the Defendant on July 7, 2009, and KRW 15,000,000 on July 13, 2009, respectively. D. The Defendant paid KRW 20,000,000 to the Plaintiff on November 11, 201; KRW 10,000; KRW 10,000 on March 9, 201; KRW 6,00,000 on June 11, 2012; KRW 20,000 on October 10, 201; and KRW 15,00 on December 10, 200; and KRW 16,00 on July 20, 201; and KRW 20,00 on July 14, 2015; and each of the Defendant paid KRW 14,50,00 on May 20, 2015.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion: (a) on November 26, 2008 and February 4, 2009, the Plaintiff loaned KRW 100,000,000 in total to the Defendant (hereinafter “the primary loan”); and (b) on July 7, 2009 and July 13, 2009, respectively, KRW 45,000 in total (hereinafter “the secondary loan”); and (c) on November 4, 2009, the Defendant agreed to pay KRW 5,00,000 in additional interest to the Plaintiff; (d) while the Defendant agreed to pay KRW 101,00,000 in total to the Plaintiff and did not pay the remainder of KRW 49,000 in total to the Plaintiff.

B. The gist of the Defendant’s assertion is that the first loan, as claimed by the Plaintiff, was paid as purchase price of the instant shares instead of the loan, and the second loan was paid as KRW 45,000,000, the Defendant paid the full amount of the loan.

In addition, the defendant is intended to bring about KRW 56,00,000, which is a part of the plaintiff's loss due to the decline in stock price of this case.

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