logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.05.16 2017가합104990
대여금
Text

1. Defendant B and Defendant C shall jointly and severally pay to the Plaintiff KRW 550,000,000 and the amount shall be from July 14, 2017 to the date of full payment.

Reasons

The Plaintiff paid a total of KRW 50 million to Defendant B on the condition that Defendant B received from Defendant B the right to operate a new construction site restaurant in the Seoul metropolitan area from Defendant B from 2010 to 2014.

The Plaintiff transferred the said money to the account designated by Defendant B, or delivered it to Defendant B as a check, and the amount of KRW 5 million out of which was remitted to Defendant D’s account, which was Defendant B, as of July 15, 201.

On November 2014, the Plaintiff filed a complaint with the Daegu District Public Prosecutor's Office by stating that Defendant B obtained 50 million won from Defendant B and Defendant D, etc. when he/she was able to obtain 50 million won by fraud in another field restaurant.

On the other hand, Defendant B released Defendant B from office at the end of November 2014.

On or around December 8, 2014, the Plaintiff, instead of withdrawing the above criminal complaint, was drafted by Defendant B with “Contract related to Performance Agreements” (hereinafter “instant Contract”).

The instant contract provides that Defendant B shall provide a loan of KRW 550,000,000 received from the Plaintiff, and the due date was set on December 30, 2015, and that it shall be secured at the construction site E at large exhibition.

In addition, Defendant B entered Defendant C in the instant contract on behalf of Defendant C, who is an son, as a joint guarantor, and affixed Defendant C’s seal.

[Based on the facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 2 through 13, and 16, the judgment on the claim against the defendant Eul as to the purport of the whole of the arguments and arguments is examined. Under the above basic facts and the above evidence, the defendant Eul is obligated to pay to the plaintiff the amount calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from July 14, 2017 to the day after the delivery of the original copy of the payment order to the plaintiff, unless there are special circumstances.

On this issue, Defendant B, in the name of Defendant D.

arrow