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(영문) 서울중앙지방법원 2014.10.23 2013가합72225
부당이득금반환
Text

1. The Defendant’s KRW 37,188,435 as well as the Plaintiff’s KRW 18% per annum from December 23, 2010 to October 23, 2014.

Reasons

1. Basic facts

A. The defendant is a stock company established for the purpose of the entrusted operation business of group meal service, and C is the representative director of the defendant, and the plaintiff was a personal business operator who supplied food materials, etc. to the defendant under the trade name of "D."

B. From around 2004, the Defendant was engaged in a transaction in which food materials, etc. are supplied by the Plaintiff and borrowed funds from the Plaintiff.

On May 30, 2009, the Defendant drafted a written confirmation to the Plaintiff on May 30, 2009 that “The Defendant would pay to the Plaintiff the amount of goods supplied by the Plaintiff from around May 30, 2005 to around May 30, 2009, the balance of the borrowed interest amount of KRW 153,830,00,000, and the amount of the borrowed interest calculated as one copy and three copies from June 2009 to the date of full payment. The interest date shall be the 30th day of each month, and when the said promise is violated, a claim may be filed at once with the principal and the principal at the time” (hereinafter “written confirmation of May 30, 2009”).

C. On September 26, 2009, the Defendant drafted a written confirmation to the Plaintiff that “the Defendant’s debt balance against the Plaintiff is KRW 292,014,524” (hereinafter “instant written confirmation”). D.

On June 30, 2010, the Defendant drafted a written confirmation that “the Defendant’s debt balance to the Plaintiff is KRW 260,000,000” (hereinafter “instant written confirmation”) with the Plaintiff.

In addition, according to the payment plan for the above 260,000,000 won to the Plaintiff on the same day, the Defendant shall pay the Plaintiff KRW 20,000,000 as of July 14, 201, and KRW 20,000 as of October 10, 201 and November 10, 201, respectively, and shall pay KRW 10,000,00 as of December 10, 201, and shall pay KRW 5,00,00 as of March 10, 201 to the remainder of the claim, and in the case of failure to perform, the Defendant shall pay interest for KRW 1.5% as of June 30, 201.

(B) made arrangements. [The grounds for recognition: facts without dispute, Gap evidence 1 to 3, Eul evidence 3, 4, 6, and 8; the purport of the whole pleadings.

2. The Parties.

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