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(영문) 서울남부지방법원 2017.09.19 2016가단219864
대여금
Text

1. The Defendant: KRW 3,33,33 of the Plaintiff and its related KRW 6% per annum from September 15, 2015 to September 19, 2017; and

Reasons

1. Basic facts

A. From March 2, 2005 to October 15, 2012, Plaintiff A was registered as the representative director in the corporate register of Nonparty D, a non-party manufacturing business entity, Inc. (hereinafter “non-party company”).

The defendant established the "E" company and operated the "F" separately from the above company.

Plaintiff

A and the defendant, who were engaged in the 3th year of high school, have been aware of each other at the time of the 3th year of high school, and they were friendly for several hundreds years.

The above "E" is a trade name that the plaintiff presented to the defendant, and the above company is a company established to conduct a business related to the fire extinguishing season between the non-party company and the non-party company.

B. On January 24, 2011, a business consignment agreement signed between the non-party company and the Defendant stating that the Defendant paid the non-party company the manufacturing cost of the fire extinguishing machine in advance, received and sold the fire extinguishing machine manufactured by the non-party company, and received KRW 8,00,000 each month from the non-party company as operating expenses.

C. On January 20, 201, Plaintiff A: (a) KRW 7,000,000 on the Defendant’s bank account; (b) KRW 30,000,000 on the 24th of the same month; and (c) KRW 30,000,000 on the 25th of the same month; (b) KRW 10,000,000 on the 26th of the same month; and (c) KRW 20,00,000 on the 27th of the same month; and

2. October 3, 100,000 won in total (hereinafter “instant KRW 100,000,000”) were remitted. D.

On February 9, 2012, the Defendant borrowed KRW 100,000,00 each from the Plaintiff’s joint and several sureties to G and H on September 9, 2012 and the interest rate of KRW 1.5% (monthly 1,500,000).

E. The Defendant: (a) KRW 60,000,000 on January 25, 2011; (b) KRW 20,000,000 on the 27th of the same month; and (c) KRW 10,00,000 on the 31st of the same month; and (d) the same year.

1.0,000 won was remitted on October 187, 200,000 won for the same year.

2. 10. The Plaintiff remitted KRW 15,460,00 to the account in the name of the I known by the Plaintiff.

F. Plaintiff A worked as an employee from January 1, 2014 to August 31, 2015, in the F that the Defendant operated.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1-1, Eul evidence 2-4, Eul evidence 6-1, Eul evidence 6-2.

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