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(영문) 수원지방법원안양지원 2016.04.08 2015가단103782
대여금
Text

1. Defendant B’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 6% from December 26, 2014 to April 8, 2016.

Reasons

1. The following facts of basic facts may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in Gap evidence 1 to 3 and 9 (including paper numbers):

The plaintiff is the actual manager and the actual manager of the "E" located in Ansan-gu, Seoul and the name of the manufacturer of the industrial machinery and the automated machine located in the "G" located in Nam-gu, Incheon, and the defendant C is the spouse of the defendant B and is the nominal owner in the business registration of the "G".

B. The Plaintiff’s loan 1) Defendant B, a Chinese company, around June 2014, as the Plaintiff’s introduction (hereinafter “H”).

(2) However, Defendant B failed to supply strings, etc. by the end of July 2014, which is the delivery date under the above supply contract, and upon the aggravation of the financial situation, requested the Plaintiff to lend funds for the production of spincings, etc.

3) As such, the Plaintiff demanded the implementation of the above supply contract from H to September 25, 2014, lent the sum of KRW 45 million to Defendant B several times from August 2014 to September 25, 2014 (hereinafter “instant lending agreement”).

(C) Then, around November 2014, Defendant B paid KRW 5 million out of the above loan to the Plaintiff, and agreed between the Plaintiff and the Plaintiff to pay only the remainder of KRW 30 million after deducting the commission received by the Plaintiff at the time of concluding the above supply contract (hereinafter “the instant loan”).

2) After the aforementioned agreement, Defendant B, on November 30, 2014, issued a loan certificate stating that “I, on the basis of the foregoing agreement, pay CYY (30,000,000) to A by December 25, 2014” (hereinafter “the instant loan certificate”).

B prepared and delivered to the Plaintiff.

2. Defendant B.

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