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(영문) 서울중앙지방법원 2015.01.09 2013가합68936
유가증권인도
Text

1. The Defendant’s KRW 39,00,000 as well as the annual rate of KRW 5% from July 9, 2014 to January 9, 2015 to the Plaintiff.

Reasons

1. The Plaintiff’s assertion is the cause of the instant claim. The Plaintiff paid KRW 28,00,000 to Nonparty C with the Defendant’s office rent of KRW 28,00,00 on behalf of the Defendant. ② The Plaintiff lent KRW 49,000 to the Defendant from February 4, 2013 to March 13, 2013; ③ the Defendant listed the Defendant’s company as the Defendant’s company on the Round on January 7, 2013. The Defendant did not pay KRW 5,00,000 to the Plaintiff in return for the above listing, even though the Defendant agreed to pay KRW 5,00,000 in return for the above listing, the Defendant asserted that the Plaintiff is liable to pay KRW 28,00,000 in return for the office rent of KRW 49,00,000 in total,00 in total, and damages for delay calculated at the rate of 20% from the day after the date of the instant lawsuit payment.

2. The judgment of this Court

A. According to the evidence No. 2 of the office rent claim No. 2, the plaintiff deposited KRW 28,00,000 into the account of Nonparty C on January 28, 2013. However, it is insufficient to recognize the fact that the above deposit alone is insufficient to recognize the fact that the defendant paid KRW 28,00,000 to the account of Nonparty C, and there is no other evidence to acknowledge it. Thus, the plaintiff's claim for this part is without merit.

B. On February 4, 2013, the Plaintiff loaned KRW 49,000,000 to the Defendant without a dispute between the parties or after considering the overall purport of pleadings as stated in the evidence No. 3 and No. 4, the Defendant recognized the fact that the Plaintiff received KRW 24,00,000,000 on February 6, 2013, and KRW 7,000 on February 2013, 203, and KRW 2,000,000 on March 13, 2013 by depositing KRW 49,000 in the Defendant’s one bank account respectively, and the fact that it was paid KRW 49,00,000 on February 4, 2013, and that it was borrowed money from the Defendant’s office’s funds.

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