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(영문) 부산지방법원서부지원 2019.01.09 2017가단5233
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,900,000 and the interest rate of KRW 15% per annum from August 2, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. In January 2016, the Defendant purchased healthcare equipment from C Co., Ltd. (hereinafter “C”) and borrowed KRW 115,900,000 from the Plaintiff (hereinafter “instant loan”).

B. On February 25, 2016, the Defendant paid the Plaintiff KRW 5,000,000 out of the above borrowed amount, KRW 30,000,000 on March 30, 2016, and KRW 55,00,000 on April 15, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remaining loan amount of KRW 60,900,000 ( KRW 115,900,000 - KRW 55,000,00) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from August 2, 2017 to the date of full payment, as the Plaintiff seeks.

3. Judgment on the defendant's assertion

A. (1) The Defendant did not borrow money from the Plaintiff, but only decided to pay the health fee in installments to C, and only prepared a loan certificate (No. 1) to the Plaintiff in the form of a formal manner.

Since the above loan certificate was prepared based on a false conspiracy as above, it cannot be recognized as the defendant's loan.

(2) The Defendant paid the remaining loan amount claimed by the Plaintiff to the Plaintiff, a shareholder of C, and the representative director who operates C with the same business as the Plaintiff, or received the remaining loan amount from the Defendant with the Plaintiff’s consent, and thus, cannot respond to the Plaintiff’s claim.

(3) On behalf of the Defendant in 2016, D supplied approximately KRW 100 million to the Plaintiff, instead of paying the above loan, and as such, D had all the Defendant’s debt owed to the Plaintiff.

B. (1) Determination is that the loan certificate of this case was made based on the false conspiracy, and thus, it can be used as evidence to recognize the loan of this case.

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