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(영문) 수원지방법원 2019.09.25 2019가단2717
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay 22,00,000 won to the Plaintiff (Counterclaim Defendant) and its payment from December 28, 2010.

Reasons

1. The facts of recognition shall be deemed together through the principal lawsuit and counterclaim; and

A. On June 18, 2006, the Plaintiff lent 30 million won to the Defendant as the name of the business partner in the adult entertainment room.

(The first loan of this case). At the time of September 30, 2006, the defendant promised to make payment to the plaintiff in addition to five million won as additional income tax for the plaintiff if the defendant fails to make payment by September 30, 2006.

(A) Around that time, the Defendant agreed to operate a adult entertainment room in the Gangwon-do E-dong with C, D, and Dong as the Defendant agreed to pay the capital gains tax to the Defendant. The Defendant contributed the said money to the Defendant.

The Defendant repaid 28 million won out of the above borrowed money to the Plaintiff.

On September 21, 2007, 5 million won, November 10, 2007, 23 million won.

On July 24, 2010, the Plaintiff additionally lent KRW 20 million to the Defendant (hereinafter the instant secondary loan), which was the pretext that the Defendant used as the reserve fund for aggregate transport works in F.

On July 28, 2010, the Defendant repaid 5 million won on July 28, 2010, and 5 million won on August 2, 2010.

C. On August 27, 2010, the Plaintiff and the Defendant agreed that the remaining principal of the said first loan shall be seven million won (five million won - five million won - 28 million won) and the interest accrued up to that time shall be five million won, and that the remaining principal of the said second loan shall be KRW 12 million (20 million - five million - five million), and the Defendant agreed that the Defendant shall pay the above 22 million total amount as a new loan with the interest rate of KRW 24 million per annum and the due date of repayment on August 27, 2011.

hereinafter the loan of this case

b. Gap evidence No. 10. The defendant paid 4 months interest on the loan of this case until December 27, 2010.

The Defendant was sentenced to discharge on July 25, 2017 in Suwon District Court Decision 2017Da528 and the 2017Hadan528 declared bankrupt, which became final and conclusive on August 9, 2017.

The list of creditors submitted by the Plaintiff at the time is 22,00,000 won of the principal of the G Limited Liability Company and the interest delay damages.

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