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(영문) 인천지방법원 2014.01.16 2013가합8959
대여금
Text

1. Defendant D:

A. The Plaintiff A’s KRW 120,000,000 and its related thereto from February 1, 2012

B. Plaintiff B: 46,000,000 won.

Reasons

1. Basic facts

A. From around 2004, Defendant D performed the business of treating sewage, etc. while operating the F Company from around 2004.

B. On November 2008, Plaintiff A lent KRW 20 million at Defendant D’s request, and transferred the above KRW 20 million to Defendant E’s account, which is Defendant D’s wife. On November 25, 2009, around November 25, 2009, Plaintiff A lent KRW 100 million to Defendant D with interest rate of KRW 18 million per month and due date on November 25, 2012. Defendant D received interest from Defendant D to January 2012.

C. The plaintiff B entered into a partnership agreement with the defendant D on August 3, 2005, and paid to the defendant D an investment cost of KRW 110 million on the partnership agreement, KRW 30 million on May 2006, and KRW 60 million on November 2006, KRW 146 million on the part of the plaintiff B's investment cost for the plaintiff B's purchase of drinking water and septic tank management business.

Defendant D demanded the return of KRW 146 million from Plaintiff B to the loan, and decided to change the amount of the investment to the loan. On February 22, 2008, Defendant D drafted and issued to Plaintiff B a letter of payment note (Evidence A5) as stated on May 31, 2009, including the loan of KRW 146 million, interest KRW 1.5 million, interest KRW 1.5 million, and the due date.

E. Around May 25, 2009, Defendant D made payment of KRW 100 million out of the principal to Plaintiff B, and made payment of KRW 500,000 per month for the remainder of KRW 46 million, and the due date for payment on May 25, 2010 (Evidence A7) and thereafter paid interest by the end of May 201.

F. Around March 23, 2009, Plaintiff C did not receive a loan certificate (Evidence A No. 8-1) stating that the loan amounting to KRW 15 million was paid from Defendant D around March 23, 2009, although Plaintiff C lent money several times to Defendant D.

G. Around April 2010, Plaintiff C lent KRW 55 million to Defendant D with funds for vehicle purchase, KRW 15 million around August 17, 2010, KRW 15 million around December 201, and KRW 9,700,000,000 as prior interest around December 201, and received interest payment of KRW 5,00,000 and until December 2011.

[Ground of recognition] There is no dispute, and there are evidence numbers of Gap 1 to 9.

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