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Reasons
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(영문) 서울동부지방법원 2019.08.28 2018가단121074
대여금
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1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate from September 12, 2012 to July 2, 2018.

Reasons

1. The plaintiff alleged that the plaintiff lent KRW 100 million to the defendant, and the defendant asserted that the plaintiff invested in the after-school school project only.

2. Facts of recognition;

A. On February 1, 2009, the Plaintiff became aware of the Defendant during the highest course of education management at C University Educational Graduate Schools, and upon the Defendant’s request to lend business funds, transferred KRW 50 million to the account in the name of D Co., Ltd. (hereinafter “D”) designated by the Defendant on May 18, 2009.

B. On August 2009, the Plaintiff received an additional request from the Defendant for the said business funds, and transferred KRW 20,000,000 to the account (F) in the name of the Defendant E Co., Ltd. (hereinafter “E”) designated by the Defendant on August 21, 2009.

C. Around October 2009, the Plaintiff, at the Defendant’s request, additionally remitted to the above account in the name of E designated by the Defendant, KRW 15 million on October 15, 2009, and KRW 15 million on October 30, 2009.

On September 11, 2012, the Plaintiff requested the Defendant to pay the above KRW 100 million (=50 million KRW 20 million KRW 15 million, KRW 15 million; hereinafter “the instant money”). On September 15, 2012, the Defendant, on September 15, 2012, requested the Plaintiff to divide the payment of KRW 100 million into two parts.

c. Madden as closed;

fame fame

“The settlement may be made in part before December 15, 2012.” On November 24, 2012, 2012, stating that “from August 23, 2013, the settlement may be made in equal installments.”

“On October 24, 2013,” respectively, sent text messages to the effect that “a person shall deposit money even before early April or December 24, 2013.”

E. The representative director D and E was the Defendant’s wife G, and was ordered to be dissolved on December 1, 2014, and was ordered to be liquidated on December 1, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 9 (including satisfy number), the purport of the whole pleadings

3. On the basis of the above findings of recognition, the following facts are recognized by each of the above evidences:

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