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(영문) 대전지방법원 2018.01.24 2016가단224524
대여금
Text

1. The Defendant stands for Plaintiff A with the amount of KRW 100,000,000 as well as KRW 5% per annum from December 31, 2014 to December 6, 2016.

Reasons

1. Basic facts

A. On December 20, 2009, the Defendant entered into a business agreement with the G (hereinafter referred to as the “instant hospital”) to establish and jointly operate the G (hereinafter referred to as the “instant business agreement”) on the 3 and 4th floor of the Daejeon Seosung-gu, Daejeon, Daejeon. The Defendant performed the interior works of the instant hospital (hereinafter referred to as the “design BC”).

B. On November 2009, Plaintiff A leased the above F 107 10.20 million won from E to operate a pharmacy.

C. On December 30, 2009, the Defendant: (a) lent KRW 100 million to the Defendant on December 30, 2009; and (b) borrowed this from the Defendant; (c) made a monetary loan agreement stating that “The due date shall be December 30, 2014; (d) the due date shall be December 30, 2014; and (e) given to the Plaintiff A.

Plaintiff

A on January 28, 2010, transferred KRW 195 million to H by the representative of Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) to H, and H was a person who has attempted to handle the affairs of the instant hospital.

H on January 29, 2010, remitted KRW 100,000,000 to the design fee.

E. D filed an application against the Defendant for arbitration seeking payment of KRW 500 million upon the termination of the instant agreement with the Korea Commercial Arbitration Board under Article 1311-058 of the Arbitration Board. D, with its own contributions, filed an application for arbitration seeking payment of KRW 115 million which D directly remitted to the Defendant, KRW 50 million which was remitted to the Plaintiff’s representative H, KRW 100 million paid to the lessor E of the instant hospital, KRW 50 million which was paid to the Plaintiff’s lessor E of the instant hospital, and KRW 10 million out of KRW 3220,000,000,000 which was paid before the chain design cost of the instant hospital, since it was the Plaintiff’s contribution, KRW 220,000,000,000,000, which was deducted therefrom, was the actual contribution of D. Recognizing that it was “The settlement amount of KRW 500,000,00,00 under this premise.”

On December 18, 2013, the said Arbitration Board shall be D’s contribution in addition to KRW 115 million, which was directly remitted by D to the Defendant.

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