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(영문) 서울북부지방법원 2018.08.17 2017가단138682
대여금
Text

1. As to the Plaintiff KRW 80,000,000 and its KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 5,00,000 from April 21, 2015.

Reasons

1. Basic facts

A. B, an urban environment rearrangement project cooperative (hereinafter “cooperative”) concluded a design service contract with the Plaintiff, and entrusted the Defendant with the affairs of general assembly agency.

An amount of 5,000,000 on April 21, 2015 2. 5,000,000 on May 28, 2015 3, 2015; 5,000,000,000 on September 3, 2015; 5,000,000 on May 3, 2016; 5,000,000 on May 3, 2016; 6, 200 on August 29, 2016; 15,000,000 on December 15, 2016; 7, 300,000 on March 15, 2017;

B. The Plaintiff remitted money to the Defendant as follows:

The loan certificate

1. Amount borrowed: 30 thousand won;

2. Date of borrowing: 6% per annum on September 23, 2015, which is KRW 5,000,000,000 on April 31, 2015; and

4. Deadline: December 31, 2016;

The following was drawn up between the Plaintiff and the Defendant on May 3, 2016:

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Upon receipt of a request from the Defendant representative director to lend funds necessary for the performance of the work, the Plaintiff leased KRW 30,000,000 to the Defendant at interest rate of 6% per annum as set forth in the table Nos. 1 and 4 of basic facts set forth in the sub-paragraph (b). The Plaintiff was issued by the Defendant a certificate of borrowing, such as the statement in the sub-

After that, on September 13, 2016, the interest was set at 6% per annum upon receiving a request for borrowing from the Defendant representative director, and the Defendant lent money as set forth in the table Nos. 5 through 7 of the basic facts in addition to lending KRW 6,00,000 to the Defendant.

The Plaintiff seeks a loan to the Defendant amounting to KRW 86,00,000 and interest or delay damages thereon.

B. Defendant 1) When a construction project selected by the Plaintiff was unable to receive design expenses from the partnership on the wind to renounce its business rights, the Plaintiff introduced the Defendant to the partnership for the purpose of receiving the design expenses. 2) On April 29, 2015, the Defendant continued to perform the business of the partnership regular general meeting on behalf of the partnership. The Plaintiff and the Defendant were the Defendant.

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