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(영문) 수원지방법원성남지원 2019.01.10 2018가단224568
대여금
Text

1. The Defendant (Counterclaim Plaintiff) is 26,316,451 won and 3.3% per annum from March 19, 2018 to March 30, 2018.

Reasons

1. On April 7, 2015, the Plaintiff, along with C and D, jointly incorporated the Defendant Company from the third underground floor above the 5,352m2m2 in Seongbuk-gu, Sungnam-si and the first floor above the 4th floor above the ground (hereinafter “instant store”) to operate the insignia center as a partnership business, there is no dispute between the parties.

2. Comprehensively taking account of the overall purport of the pleadings as to the claims filed by the Plaintiff, the Plaintiff received loans of KRW 30,00,000 from G Bank on August 19, 2016 for the purpose of using the Defendant’s operating capital. On the same day, the Defendant lent the above amount to the Defendant for the interest rate of KRW 3.3% per annum on the Plaintiff’s G Bank. The Defendant Company may recognize on behalf of the Plaintiff that, from September 19, 2016 to January 19, 2018, the Plaintiff paid the interest on the above loans to G Bank or the principal of the above loans to the Plaintiff’s G Bank during the period from September 19, 2016 to January 19, 2018, without any counter-proof. According to the above facts, the Defendant, barring any special circumstance, has the obligation to pay the Plaintiff 26,316,451 won among the above loans and delay damages from March 19, 2018 to March 30, 18.

3. Judgment on a counterclaim

A. The Defendant asserts that the Plaintiff is liable for compensating for damages equivalent to KRW 42,052,071 as a result of the Plaintiff’s voluntary transfer of the leased vehicle, which is the property of the Defendant Company, to H, as the Plaintiff voluntarily returned the H leased vehicle, which is the property of the Defendant Company, to the leased company without any indication, while withdrawing from the business relationship with D and the partner.

The liability for damages caused by the murder and the tort.

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