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(영문) 대구지방법원경주지원 2019.06.18 2018가단2113
대여금
Text

1. Defendant B’s KRW 66,012,602 as well as 5% per annum from June 27, 2017 to June 18, 2019, respectively, to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. 1) In full view of the respective descriptions of Gap evidence Nos. 2, 3, and 12 (including each number), and the whole purport of the arguments, the plaintiff is a "D Business" promoted between defendant B and defendant B (hereinafter "the business of this case").

(1) In the event that Defendant C’s National Bank (EE company)’s agreement to invest in or lend money in connection with Defendant B’s account (E company), KRW 10 million on August 31, 2015, KRW 20 million on September 20, 2015, KRW 10 million on October 4, 2015, KRW 10 million on October 30, 2015, KRW 900,000 on November 17, 2015, KRW 5 million on December 15, 2015, KRW 300,000,000 on January 21, 2016, KRW 300,000 on each of the instant agreements (E company’s agreement) paid to the Plaintiff with respect to each of the instant projects, respectively.

(1) As to the Plaintiff on January 17, 2018, Defendant B entered into an agreement with the Plaintiff to repay the Plaintiff’s investment amounting to KRW 20 million each month from the end of March 2018 to the end of June, and Defendant B paid KRW 5 million to the Plaintiff on June 26, 2017, respectively. According to the above facts of recognition, the Plaintiff is entitled to receive reimbursement of KRW 70 million from the Defendant B on the basis of each of the instant notes, and the Defendant B constitutes a merchant (see, e.g., Supreme Court Decisions 2005Da62464, Jan. 13, 2006; 200 won each of the instant notes; 200 won each of the instant notes x 600 won each of the following dates x 206% each of the instant notes x 600% each of the instant notes x 206% each of the instant notes x 600% each of the instant notes x 20060% each of the instant notes ;

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