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(영문) 서울중앙지방법원 2020.09.24 2019가합526434
대여금
Text

The Defendant’s KRW 200,000,000 and its interest to the Plaintiff are 5% per annum from May 5, 2019 to September 24, 2020.

Reasons

1. Basic facts

A. On January 24, 2007, the Plaintiff: (a) from his own account to the Defendant’s account; (b) the Plaintiff’s former spouse and C have divorced in around 2014; (c) the Seoul Family Court 2015dhap31568 (principal lawsuit) and 2015dhap31575 (Counterclaim); and (d) there was legal dispute over consolation money and division of property.

From January 24, 2007 to the Defendant’s account, the amount of KRW 45,000,000,000 on January 24, 2007 and KRW 50,000 on January 30, 200 was remitted to the Defendant.

B. On August 15, 2007, the Defendant: (a) prepared a cash loan certificate stating “the gold : this billion won (Won 200,000,000); and (b) the said amount borrowed on August 15, 2007, stating “the loan period shall be the repayment method on the date desired by the obligor; (c)” (hereinafter “the loan certificate in this case”) and delivered it to the Plaintiff.

C. The Defendant employed the Plaintiff while engaging in the real estate brokerage business and the real estate development business, etc., and paid the amount of KRW 2 million per month.

During the period from January 2013 to April 2014, which is a part of the period, the Defendant transferred the money equivalent to KRW 5 million per month to the Plaintiff (including the money transferred to the account in the name of the Plaintiff used by the Plaintiff) in the name of D (hereinafter referred to as “D”) and E, etc. whose representative director is the Defendant or the Defendant, along with the following benefits:

On March 8, 2012, Plaintiff 2,00,000, and Plaintiff 17, March 8, 2012, 2012, Plaintiff C3,000,000,000 A on March 8, 2012, and Defendant 5,000,000,000 on May 8, 2012, Defendant 104 on May 30, 2012, Defendant 5,00,000,000 and Defendant 5,00,000,000 on June 7, 2012, Defendant 5,00,000,006 on July 30, 2012, indicated the Plaintiff’s account column as “E (E)” in the Plaintiff’s account column.

In addition, for KRW 2,00,000 transferred to the Plaintiff on the same day in the name of E, the letter “E (civil engineering)” is written in the appropriate column.

5,000,0007 August 3, 2012, E 5,000,0008 August 16, 2012, 2009 August 21, 2012, 200,000 on August 21, 2012, 6,000,000 on September 28, 2012, 200,000,00 on November 16, 2013;

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