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(영문) 수원지방법원성남지원 2016.05.04 2015가단14975
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 84,80,000 and the interest rate of KRW 15% per annum from June 23, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the representative director of D Co., Ltd. (hereinafter “D”), and the Defendant served in D from June 2003 to February 28, 2015, when it retired on February 28, 2015.

B. The Defendant: (a) borrowed KRW 30,000,000 from the Plaintiff on September 7, 2009; (b) KRW 30,000,000 on June 9, 201; and (c) agreed to pay KRW 20,000,00 on February 26, 2013 in installments on the monthly salary day.

The Plaintiff remitted to the Defendant KRW 30,000,000 on September 7, 2009, KRW 30,000 on June 9, 2011, and KRW 20,000,00 on February 26, 2013 (hereinafter collectively referred to as “the instant borrowed money”), respectively, and transferred KRW 60,00,000 separately on June 9, 201, respectively.

(hereinafter referred to as “instant money”) KRW 60,000,000 remitted on June 9, 201.

The Defendant repaid 40,200,000 won out of the above borrowed money to the Plaintiff.

【Ground of recognition” without any dispute, Gap evidence 1 through Gap evidence 4, Eul evidence 1 through 3, Eul evidence 5-1 through 5-3, and the purport of whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) The plaintiff lent 125,000,000 won including the instant money to the defendant, and thus, he was paid 40,200,000 won among them. Thus, the defendant is obligated to pay 84,80,000 won to the plaintiff as well as damages for delay. 2) The defendant's assertion 84,00,000 won as of September 15, 2009, and 30,000 won as of June 9, 201, and 20,000 won as of February 26, 2013, respectively.

However, the plaintiff paid the amount of this case as bonus to the defendant who contributed to the establishment and stabilization of D's Chinese corporation, and made a donation with the condition that the plaintiff withdraws his intention of payment in the event that it does not contribute to the stabilization of Chinese corporation, and with the defendant's endeavor, the Chinese corporation has not fulfilled its conditions.

Therefore, the Defendant donated the instant money to the Plaintiff.

B. Determination 1 is recognized.

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