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(영문) 인천지방법원 2020.07.07 2019가합55650
대여금
Text

1. The defendant shall pay to the plaintiff KRW 76,063,305 as well as KRW 13,00,000 among them, from May 18, 2019 to the day of full payment.

Reasons

On January 15, 2018, the Plaintiff lent KRW 3,000,000 to the Defendant respectively, and KRW 15,000,000 on December 28, 2018.

On February 1, 2019, the Defendant repaid KRW 5,000,000 among the above loans, and the Plaintiff did not repay KRW 13,00,000 up to the day of the Plaintiff’s return request.

On December 26, 2018, the Plaintiff and the Defendant held C’s shares (hereinafter “instant shares”) around the end of 2018, but did not sell part of the instant shares. However, the Plaintiff did not pay the holding tax.

On December 26, 2018, the Plaintiff sold 106,050 shares of this case to KRW 466,62,250.

(5) On December 26, 2018, the Plaintiff transferred KRW 200,000,000 to the Defendant’s D account (E,F, hereinafter referred to as “Defendant’s Investment Account”) in the name of the Defendant without any balance around 09:50 on December 26, 2018.

A sum of H loans of KRW 399,850,000 from G Bank was deposited into the Defendant Investment Account on December 26, 2018 at around 11:30 to 40.

On December 26, 2018, the Defendant purchased 124,000 shares of this case as KRW 20,000,000 and H loans remitted by the Plaintiff and KRW 545,574,610.

(No. 4,390-4,400 won per share). The Plaintiff purchased 105,000 shares of this case on December 30, 2018 at KRW 460,746,090.

(2) On January 15, 2019, 200 shares of this case were sold on January 15, 2019 (3,875-3,885 won per share), and on February 15, 2019, 118,000 shares of this case were sold on February 15, 2019.

(3,190-3,205 won per share). From the Defendant’s Investment Account, H loans were remitted to G Bank on January 15, 2019 and KRW 371,392,314 on February 15, 2019 and repaid.

On December 26, 2018, KRW 26,000,000 was transferred from the Defendant’s Investment Account under Defendant’s name to the Defendant’s I account, and KRW 26,000,000 was respectively transferred from the Defendant’s Name J account.

In addition, from the defendant's investment account to the defendant's name D (K) account on February 15, 2019.

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