beta
Text
1. The defendant,
A. The Plaintiff A’s KRW 55,00,000 and its annual rate shall be 5% from September 1, 2009 to September 13, 2016.
Reasons
1. Facts of recognition;
A. The Defendant, around August 18, 2009, received KRW 50 million from the Plaintiff to the Agricultural Cooperative Account in the name of H in the name of clothing import cost from August 18, 2009, to the Plaintiff at the “G” clothing store in Dongdaemun-gu Seoul, stating that the Plaintiff would benefit from directly importing and selling the goods of 1.5 million won per month. Domestic revenue from the clothing store in the U.S. is to be imported directly from the U.S., and the amount of money to be paid is to be changed to KRW 50 million in the name of the Plaintiff, and around August 2009, the Plaintiff borrowed KRW 300,000 per month from the above “G” clothing store in the name of the Plaintiff to the 300,000 won per month, and received KRW 1.3 million per month from the Plaintiff’s account under the name of 1.8 million in the name of the Plaintiff.
However, even if the defendant received money from the plaintiff A, he had the intention to use it for the defendant's debt repayment, etc., not for the receipt of clothes. At the time, the defendant's debt amount reaches KRW 400 million and there is no special property, and there is no business progress, so the plaintiff A did not have the intention or ability to pay the profit or interest of KRW 300,000 and each of the above principal.
B. On October 15, 2009, the Defendant: (a) indicated that “The Plaintiff directly imports and sells the Pool brand products in the U.S. in the U.S. at the Kafbook near the Gun of Gwangjin-gu Seoul Special Metropolitan City; (b) entered the U.S. in December 12, 2009, and directly imports the Pool brand products; (c) the amount of money to be paid to the Plaintiff was changed to KRW 3 million on December 7, 2009, 200, KRW 6 million on December 8, 2009, KRW 10 million on December 12, 2009, and KRW 40 million on December 19, 2009, respectively.
However, even if the defendant receives money from the plaintiff B, most of them are personal, such as the defendant's repayment of debt.