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(영문) 서울서부지방법원 2019.01.25 2017가단23533
대여금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from November 9, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s investment of KRW 200 million in D Co., Ltd. (hereinafter “D”), but did not receive a return until November 20, 2007.

B. The actual representative of D, D, business, “A loan cannot be paid KRW 200 million due to D’s failure to obtain the loan due to the amount of national tax in arrears,” and C, if it additionally lends KRW 100 million to D, it refers to “A loan may be paid in full with KRW 200 million by receiving the loan with the real estate owned by D as security after resolving the amount of national tax in arrears.”

C. C requested the Plaintiff to “B to lend KRW 100 million to D in order to resolve the amount of national taxes in arrears.”

At the time of transfer or acquisition of bonds, the defendant is a person who has received fees from the bank by mediating that D has obtained a loan from the bank.

E. On November 20, 2007, the Defendant issued a written confirmation to the Plaintiff that “the Plaintiff would pay the Plaintiff the amount of KRW 100 million by November 28, 2007,” which read, “The Plaintiff would settle the amount of KRW 100 million in national taxes in D.”

G. On November 21, 2007, the Plaintiff transferred KRW 100 million to D in the amount to resolve the amount of national taxes in arrears.

[Grounds for Recognition] Facts without dispute, Gap evidence 1, 2, and 3 (Evidence A 2 and 3 may be admitted to the authenticity by the witness E's testimony), Eul's testimony, and the purport of whole pleadings

2. In light of the facts acknowledged on the ground of the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 100 million, which was promised to repay with a written confirmation on November 20, 2007, and damages for delay calculated at the rate of 15% per annum from November 9, 2018 following the delivery date of a copy of the instant complaint to the day of full payment, as the Plaintiff seeks.

3. The plaintiff's claim of this case is reasonable and acceptable.

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