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(영문) 대구지방법원 2015.07.16 2014가합204226
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 165,239,631 as well as 30% per annum from March 19, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On August 14, 2012, the Plaintiff loaned to Defendant B KRW 60 million on August 15, 2012, KRW 30 million on August 15, 2012, KRW 30 million on August 17, 2012, and KRW 200 million on August 18, 2012, KRW 10 million on interest basis.

(hereinafter “instant loan”). (b)

On October 2012, the Plaintiff and Defendant B established D Co., Ltd. (hereinafter “D”) on November 1, 2012 by having the Plaintiff invest in funds and Defendant B take charge of the field work, and registered the Plaintiff as the representative director, Defendant C as the in-house director, and Defendant C’s partner as the auditor.

C. From November 22, 2012 to January 28, 2013, the Plaintiff paid a total of KRW 178,521,900 to Defendant B, and Defendant B paid a total of KRW 175 million to the Plaintiff from November 15, 2012 to April 1, 2013.

3. 0. 0. 15 November 17, 2012, 20. 10. 10,000,000 6,000 6,000,000 on November 22, 2012, 20. 30. 20. 0. 30. 10,000 on November 30, 200, 200, 30. 30. 10,000 on December 30, 200, 200, 50. 20. 30. 10,00 on May 29, 200, 200; 494, 50,000 on December 60, 200 on December 1, 200, 200;

D. Meanwhile, on the other hand, Defendant C completed the registration of ownership transfer on December 18, 2012, on the ground of the sale on December 30, 2011, with regard to the 3909 Daegu Suwon-gu F apartment (hereinafter “instant apartment”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 2, 3, 5, 8 through 15, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is that "Defendant B" is the defendants.

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