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(영문) 창원지방법원 2016.07.19 2015가단15828
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from September 10, 2015 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition are as follows: (a) the Defendant bears the Plaintiff’s share of KRW 20,83,600,000, such as purchase funds and expenses, in purchasing three parcels of land, including KRW 1405,05,000,000,000,000 on January 17, 2013, in the auction procedure for the sale of real estate C’s real estate located in Changwon-gun, Changdong-gun, Seoul Special Metropolitan City; and (b) the Defendant pays KRW 25,00,000,000 to the Plaintiff on February 23, 2013; (c) the Defendant agreed to pay KRW 5,00,00,000 until April 30, 2013; (d) there is no dispute between the parties to the agreement to pay each piece of land on October 31, 2013; or (e) the purport of the entire statement as to evidence No. 1 or evidence No. 14 of evidence No.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from September 10, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.

2. Judgment on the defendant's assertion

A. The defendant asserts that the plaintiff did not pay 1,500,000 won per month while he employed the defendant as a mobile phone agent as well as that he did not pay 1,50,000 won per month to the defendant's account from January 13, 2013 to the 14th day of the same month, and that the defendant bears the obligation to pay 10,000,000 won to the defendant. Thus, the defendant bears the obligation to pay 25,00,000 won to the plaintiff as seen earlier.

During the period from February 10, 201 to December 13, 2012, the Plaintiff operated a mobile phone agency with the name of “H” in the Defendant’s name. From the Defendant’s account to the Defendant’s mother’s account, the Plaintiff’s total amount of KRW 5,00,000,000, including the Plaintiff’s total amount of KRW 10,000,000,000, from January 14, 2013.

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