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(영문) 서울남부지방법원 2017.10.26 2016가단43487
대여금
Text

1. The Defendant: (a) KRW 104,90,000 for the Plaintiff and 5% per annum from November 29, 2016 to October 26, 2017.

Reasons

1. The following facts do not conflict between the parties, or may be found in Gap evidence Nos. 1, 2, and 3, Gap evidence No. 4-1, 2, 5, and Gap evidence No. 6-1, and 6-2 by reference to the whole purport of the pleadings:

From March 16, 2010, the Defendant, in the name of “D” or “E”, purchased goods, and secured them in cash without delay, and discontinued the business of selling them again. On March 31, 2017, the Defendant closed down the business on March 31, 2017. In short, on May 10, 2017, the Defendant runs the wholesale and the product brokerage business of closed-on mobile phones, etc. with the trade name of “G” from “F from Ansan-si, Ansan-si, 2017.”

B. The Plaintiff’s request from the Defendant around November 2013 for the same month.

7. Upon receipt of the Sto loan of KRW 130 million at an annual interest rate of 4.5%, 120 million was transferred to H account, which is the Defendant’s customer, to the Defendant’s H account. Since then, the Defendant received KRW 51 million from the Defendant on the 25th day of the same month and KRW 29 million on the 30th day of the same month, and again received from the Defendant on April 4, 2014.

5. On July 7, 2014, each of 5 million won was remitted, and at the Defendant’s request, the amount of KRW 1.9 million was remitted to the account in the name of the Defendant, respectively, on July 7, 2014 and on November 6, 2011 of the same year.

C. Around April 2015, the Plaintiff requested the Defendant to purchase 50,000 won from H located in Gyeonggi-do City I for a set of 50,000 won used goods from the Defendant, and the same year.

5.4.85 million won was remitted to the Defendant account or H account. D.

On August 25, 2015, the Defendant remitted KRW 6 million to the Plaintiff. From October 31, 201 to October 7, 2016, the Defendant transferred the total amount of KRW 8 million to the Plaintiff’s account in the name of the Plaintiff or paid in cash, respectively, eight times from October 31 to October 7, 2016.

2. The plaintiff and the defendant's assertion

A. The Plaintiff’s assertion: (a) lent KRW 120 million to the Defendant on November 8, 2013; (b) KRW 190 million on July 7, 2014; (c) KRW 3 million on June 3, 199; and (d) KRW 13 million on April 28, 2015.

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